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DEMOCRACY 


AND 


CITIZENSHIP 



















/ 


DEMOCRACY 

. AND — 

CITIZENSHIP 

//ro^ 

A Treatise on Social 
Sciences 


—By— 

GEORGE KESSLER 
Professor at Mt. sV. Charles College 
Helena, Montana. 







Copyright 1920 
—by— 

George Kessler. 


Cl A564202 

FcS 23 ;Si;D 


'lAJl I 


INTRODUCTION. 

The last European national struggle has forced upon 
public attention the question of popular or representative 
government, recognized, but sparingly practiced on the 
European continent. 

The American continent has adopted representative gov¬ 
ernment throughout, although its application has been 
found wanting as to spirit and method in many respects. 

Any particular government is merely the expression of 
an ideal of society. Upon the realization of this ideal 
hinges the success of the state or nation. This fact may ex¬ 
plain or account for the variety of governments of the pres¬ 
ent, past and future; the success or downfall of govern¬ 
ments; wars, peace treaties and other facts of social and 
international significance. 

The fight for democracy is essentially a fight for rep¬ 
resentative government, a fight for self-determination of 
government among and for nations. The ideals with which 
public opinion has been nursed are capable of misinter¬ 
pretation in theory and practice. It is time to call attention 
to the real aim and purpose of representative government. 

The knowledge of the principles of representative gov¬ 
ernment may be gained through the study of the social 
sciences. These sciences have been kept apart and discussed 
in distinctly different works. Their study would entail the 
application of time and expenditures to the average man. 
To remedy this defect this little work has been devised. Its 
purpose is to co-relate these subjects in a more accessible 
form. 

This work does not claim to be an exhaustive study on 
these subjects. It gives, however, an accurate outline of 
the laws and principles involved, and arguments advanced 
by more progressive minds of the age. It will be a real 
guide for the beginner and for persons desiring to study 
the elements of this all important question, the question of 
popular government. 

Those who would like to go further into these subjects 
will find competent works quoted at the close of this outline. 

THE AUTHOR. 





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TABLE OF CONTENTS 


Page 

Part I.—Democracy. Definition. The history of its 
struggle; Grecian Democracy; Roman Democracy; 
French Democracy; English Democracy; American 
Democracy. The Problems of Democracy. 7 

Part II.—Modern Civilization. Historical sketch. The 
relation of the classes before, after and during ab¬ 
solutism. The Period of the Commercial Wars. 
Social, Political and Economic Conditions. The 
Peoples and Their Governments. International 
Relations . 39 

Part III.—Democracy and Political Science. Forms of 
Governments and Their Merits. The Functions of 
State. Citizenship. Distribution of the Powers of 
Government; the Legislative Power; the Executive 
Power; the Judiciary Power . 51 

Part IV.—Democracy and Political Economy. The Ideas 
and the Laws of Property. Opponents of the Idea 
of Property. Evils Arising from the Misapplica¬ 
tion of the Laws of Property. The Commercial Ex¬ 
change. Co-operation. fTaxation . 73 

Part V.—Democracy and Sociology. Immigration. The 
Negro Problem. Poverty and Pauperism. Crime. 
Public Health and Welfare. Education and Relig¬ 
ion under Democracy. 93 

Part VI.—Democracy and Applied Civics. The People's 
Rights. The People’s Duties. The Individual's 
Concern. Civic Knowledge. The Administration 
of Justice. Causes for Actions of the Judiciary 
Branch. The Common Defense . 105 









Part VII.—Democracy and Law. Commercial Law. The 
Commercial Paper. The Civil Law. Criminal 
Law. Interstate and International Law . 115 

Part VIII.—Democracy and Idealism. Causes Retard¬ 
ing Democracy. Obstacles to the Practice of True 
Democracy. The Needs of the Hour. The Program 
of the American Federation of Labor. The 
Social Service Program. The Citizenship Program. 
Democracy and Idealism. Internal Economic Ad¬ 
justment. External Adjustment. Personal Free¬ 
dom under Democracy . 135 




PART 1. 


DEFINITION OF DEMOCRACY. 

History presents two distinct forms of democracy: The 
old or classical form and the new or modem democracy. 

The old or classical form of democracy reaches into 
remote antiquity. It limited the number of citizens en¬ 
titled to participation in the affairs of government; under 
its dominion slaves abounded, and privileges of court 
were reserved for men of particular blood and lineage. 
Equality of men in the true sense was then an unknown 
principle. 

The new or modern democracy grants citizenship 
irrespective of color, wealth or public service. It does not 
recognize privilege, whether based on wealth, birth or 
public service. “All men are born free and equal” is the 
motto and the essence of its creed; under its rule no 
power is exercised without the consent of the governed; 
under its auspices the sovereign becomes the servant of 
the people. “It is,” so Woodrow Wilson says, “the an¬ 
tithesis of all government by privilege.” 

The principle of equality, irrespective of color, birth 
or breeding, is the distinguishing mark between the old 
and the modern democracy. 

Writers on political or social questions interpret dem¬ 
ocracy in a vastly different manner. Their definitions can 
be reduced to three main classifications which carry the 
essence and principal attributes of all. The classifications 
may be stated as follows: 

1. Democracy is a state of society, based on equality, 
excluding privilege, whether based on birth, wealth or pub¬ 
lic service. (This is the ideal form.) 

2. Democracy is a state of society in which the actual 
power is lodged in the mass of the people. (This is the 
early form of democracy as found in the Grecian states 
and the early small Swiss cantons.) 



8 


DEMOCRACY AND CITIZENSHIP 


3. Democracy is a state of society in which the govern¬ 
ment is administered by the people or their chosen rep¬ 
resentatives. (This definition is used by the English and 
American writers principally.) 

Of these various definitions we 'may quote a few in 
detail, because of their characteristic directness and 
specific expressions: 

Aristotle defines democracy as “a community of free 
citizens, ruling the state." In Greece only a minority of 
free citizens were participating in the affairs of the gov¬ 
ernment, which could, therefore, not meet our standard. 

The Declaration of Independence defines democracy as 
a “government by the consent of the governed." Consent 
alone does not establish democracy, but consent and partic¬ 
ipation in the affairs of government, either direct or in¬ 
direct. 

Abraham Lincoln speaks of democracy as “a govern¬ 
ment of, for and by the people." This definition is con¬ 
ceded to be most characteristic, expressing forcibly the 
real aim and purpose of democracy. 

All these versions and definitions of democracy are 
limited, however, expressing one particular phase or virtue 
of democracy only. They all call for participation in the 
affairs of government, either direct or by representation. 
Democracy tends to wipe out all political, socjial and 
financial distinction. All power and authority must 
emanate from the people and be exercised for the people. 

Has democracy reached a state of perfection? Not 
at all. So far democracy is and stays in the experimental 
stage. Peoples and nations have tried to realize ideals. 
Ideals will further be tried out, coming with each new 
step nearer the final goal. Perfection of democratic gov¬ 
ernment will likely never be realized, no more than human 
perfection is possible. We may, however, acquaint our¬ 
selves with the lofty ideals and purposes of democracy, 
and try to interpret it in our lives and intercourse with 
other men. 


OEIOCRACY AND CITIZENSHIP 


9 


To set up ideals in beautiful orations is a common 
failing in modern times. The interpretation in our daily 
lives is, as a rule, wanting. Demands and sacrifices have 
been made by the nation at war to “make the world safe 
for democracy.” “Let us, however, not forget, to first 
make democracy safe for the world.” (Archbishop Dowling 
of St. Paul.) 

THE HISTORY OF THE STRUGGLE OF DEMOCRACY. 

For the study of the evolution of democracy we incor¬ 
porate here a synopsis of its struggle with dates and facts. 
The student should familiarize himself with these facts, 
and endeavor to interpret its causes, effects, benefits and 
failures correctly. 

The progress of democracy must be ascribed to various 
causes and tendencies, and their effect on people and 
nations. 

Looking at it in a general way, we may see that Greece 
pointed out the cause, Rome the law, England the way, 
and America the principle. Greece and Rome had nothing 
in common with modern democracy; at best their govern¬ 
ment can only be called a plutarchy. England, by its 
persistent opposition to arbitrary power and its continued 
effort at restriction of it, pointed out the way and blazed 
the trail for democracies of modern type. The United 
States in the evolution of its government laid down funda¬ 
mental principles on which present democracies are 
founded. 

After the destruction of the Roman Empire monarchy 
and absolutism ran riot. To the Church is due the credit 
for having preserved the Roman historic records. The 
conversion of barbarians by the Church laid the foundation 
to another civilization. The efforts of this period might 
be described by the favorite saying of Justinian the Great: 
“One law, one church, one state.” This period was fol¬ 
lowed by feudalism. It took root in the tenth century. 
Charlemain’s public crowning in Rome was the first 


10 


DEKiOCRACY AND CITIZENSHIP 


precedent and step toward this period. Shortly after we 
see kings and rulers bow to the Holy See as their overlord. 
With the benefits Rome took upon itself the duty to pro¬ 
tect the vassal against the aggression of the overlord. It 
did this nobly and European history reveals a vigorous 
struggle against tyrant kings. Time came when circum¬ 
stances forced the issue out of the hands of the Church, 
onto new and neutral ground.. So, progress goes on; 
when all seems to fail, it shows up suddenly with renewed 
vigor, under different circumstances, sometimes in entirely 
new form. The appended historic records will speak for 
themselves; they should prove of special interest to 
students of democracy and representative government. 

GRECIAN DEMOCRACY. 

The original rule of Greece was the monarchial form 
of government. Sparta, Athens, Thebes and Corinth formed 
the backbone of the little peninsula. Sparta preserved 
an air of aristocracy throughout; Thebes and Corinth 
played only a minor part in Grecian affairs. To Athens 
is due the credit for having developed Grecian democ¬ 
racy; she justly occupies the center of attention in the 
history of ancient democracy. 

753 B. C. The term of the archons was reduced to 
a term of ten years. This is the first evidence of re¬ 
striction of government in Athens. (The name archon 
stood for ruler.) 

683 B. C. The term of the archons was reduced to 
a term of one year only. The change from the monarchy 
to an aristocratic rule was fairly complete at this time. 
The archons were assisted by a “council of elders” in the 
conduct of public affairs. Wealth received increased 
recognition. 

621 B. C. Draco reduced the unwritten law to writing; 
written law did not exist before this date. It did little to 
ameliorate the lot of the common people. 

594 B. C. The reforms of Solon were the first step in 


BEMOCRACY AND CITIZENSKiP 


11 


political reform in Greece. His reform put the constitution 
of ancient Athens on a real democratic basis. His first 
act was to cancel all debts, involving the freedom of the 
debtor; previously the debtor was at the complete mercy 
of the creditor who often sold the former into slavery and 
frequently out of the country. Solon’s next step was the 
substitution of the Eubic standard for the Aeginetan 
standard of coinage; this united Athens with Chalcis, open¬ 
ing the western trade. He extended the civic franchise 
to newly created classes of citizens. 

561 B. C. Pisistratus made himself tyrant with the 
aid of the newly admitted voters from the hills. Although 
driven from Athens at three different occasions, he suc¬ 
ceeded in transmitting the title to succession to his two 
sons, Hypparchus and Hyppias. 

514 B. C. Hypparchus was murdered by discontented 
patriots, led by Klisthenes. 

510 B. C. Hyppias was expelled from Athens. The 
patriot, Klisthenes, instituted many .reforms. The fol¬ 
lowing era is usually designated as the “golden era’’ of 
Athens. 

The Persian invasion put all classes on their mettle 
in the struggle for national existence; it brought out men 
of talent in all lines; it was the test for democracy at 
Athens. (Greece’s external wars were a triumph for 
democracy, while her internal wars always favored aris¬ 
tocracy.) 

Grecian tyranny stands without parallel in history. 
Translated the word “tyranny’’ would mean unlawful rule, 
or the rule over unwilling subjects. Originally the term 
king and tyrant were used interchangeably; but about the 
year 600 the terms king and tyrant were well defined. 
Tyranny existed in the various Grecian states at various 
times. 

The change from the aristocratic rule did not always 
originate in the discontent over political affairs, nor was 


12 


DEMOCRACY ARO CITIZENSHIP 


it always a constitutional lissue; at Sicyon it was a racial 
one, and at Athens it was more of an economic than a 
political nature. 

Tyranny must be considered as a distinct gain for 
democracy; while it .involved sacrifice of liberty at the ex¬ 
pense of equality, it must be said that after the fall of 
tyranny aristocracy never came up again. The breaking 
down of the barriers between the petty Grecian states 
favored democracy without doubt. 

Slavery occupied a unique place in classic civic organi¬ 
zation. There was no thought of inconsistency between 
slavery and democracy. Ancient political theory was in¬ 
clined to regard labor as a disqualification for the exer¬ 
cise of political rights. It must be said, however, that the 
lot of the alien and the slave were considerably better in 
Greece than elsewhere. 

The federation in Greece became a normal type of 
polity in the third century. Of all ancient political or¬ 
ganizations this form came nearest modern organization. 

In the time of Socrates and Demosthenes conditions 
ripened for the decline of Grecian democracy. Venality 
was a besetting sin of the Grecian statesman. With the 
decay of the probity of its leaders Grecian patriotism van¬ 
ished and with it Grecian democracy. Antipater of Mace¬ 
donia was only the instrument of its overthrow; the Greeks 
defeated themselves. The Romans subsequently restored 
the Grecian political organization until they changed it 
into a Roman province. 

ROMAN DEMOCRACY. 

Rome’s situation on the Appenine peninsula gave her a 
preponderance over cities near her. The strange composi¬ 
tion of her citizenship was a factor in the subtle changes of 
her government. The regal period is much in doubt; there 
is, however, creditable evidence for the Servian reform, 
which laid the foundation for the memorable struggle 
between the patricians and the plebeians, which lasted all 


DEMOCRACY AKD CITIZENSHIP 


18 


through the days of the independence of Rome. To this 
struggle is due the evolution of Roman democracy and its 
application; to this struggle also do we owe the system of 
Roman laws, which has become the basis of all civil and 
international law of any government of the present time. 

509 B. C. The abolition of the monarchy. The 
agrarian law in its earlier stage was adopted. 

494 B. C. The secession to the sacred hill. The great 
discontent of the plebeians found vent in the secession 
to the sacred hill. Plebeian soldiers, just returned from 
the Volscian campaign, supported the move. The plebeians 
were appeased by the grant of the plebeian tribunate and 
returned to their former homes. 

462 B. C. Terensilius Harsa proposed to draw up laws 
to restrict the powers of the consuls, but found vigorous 
opposition in the patricians. This was paramount to an 
attempt to substitute the unwritten law by a written code. 

452 B. C. The decemvirs were appointed to draw up a 
code, binding both sides; their appointment abrogated the 
office of the ordinary magistrate; the law of appeal was 
also suspended in their favor. Their work was unimport¬ 
ant as it affirmed existing usages only. The first decem¬ 
virs were replaced by another body at the first of the year. 

449 B. C. The usurpation of the public trust by the 
second decemvirs degenerated into a violation of personal 
liberty; their regime was overthrown in consequence. 

449 B. C. This year saw the passing of the Valerio- 
Horation laws. The tribunes became constitutional mag¬ 
istrates; the creation of the plebeian concilia freed the 
plebeians from oppression by the patricians and brought 
about a certain measure of political equality. The special 
provisions of these laws were: The re-affirming of the 
right of appeal, the inviolability of the tribunes, the im¬ 
proved plebeian assembly (plebiscita), whose proposed leg¬ 
islative measures became binding after confirmation by 
the patres. This was the origin of legislation by initiative. 

445 B. C. The “lex canuleia” made legal the marriage 


14 


DEMOCRACY AND CITIZENSHIP 


between patricians and plebeians; this broke down the 
obnoxious social bar of distinction. 

398 B. C. This year saw the close of the struggle 
for the magistracies. The important offices were opened 
to the plebeians which originally v/ere reserved to men of 
patrician origin. 

387 B. C. The growing power of the plebeians forced 
the grant of at least one plebeian consul. The law stipu¬ 
lated that of the three consuls to be elected at least one 
of these was to be of plebeian origin. 

377 B. C. ' The famous Roman agrarian law was passed 
in this year; it specified that every citizen should own not 
more than 500 jugera of land, nor graze more than 100 
head of cattle, nor more than 500 sheep on public land. 
The employment of free labor along with slave labor was 
ordained. The interest on money owed was to be credited 
on the capital, the remainder to be payable within three 
years. 

339 B. C. The concilium plebes eliminated the patric¬ 
ian control of the elections. Henceforth the power of the 
patricians was broken and Roman democracy assumed a 
distinct character. 

Now follov/ed the great period of Roman expansion, by 
the rapid conquest of the then known world. These con¬ 
quests created new fields of activity for Roman citizens. 
The booty of war was appropriated by the commanders 
and the men; many greedy citizens settled upon the con¬ 
quered territory to exploit it for profit; the nobles engaged 
in the task of administration, the contractors who farmed 
the public revenues, men of business, money lenders, mer¬ 
chants and speculators reaped a rich harvest at the expense 
of the provincials. The money lenders lent money at 
exhorbitant prices: M. Junius) Brutus lent money to 
citizens of Salamis at forty-eight per cent according to 
Cicero. Tax farming and deliberate extortion was practised 
by public officials. 


DEMOCRACY AMD CITIZENSHIP 


15 


A period of revolution set in, beginning about the year 
148 B. C., which began slowly to undermine the Roman 
public institution. The great public domain, the “common 
land" brought about a great political struggle, which may 
be studied from the following: 

118 B. C. The alteration of the agrarian law. Tiber¬ 
ius Gracchus proposed a measure before the senate in 
order to rescue the “common land” from the monopoly of 
the few. The struggle with the senate over his proposal 
ended with his death. His brother Gains Gracchus con¬ 
tinued his fight. Further allotments were stopped in 118 
B. C. A single law converted all “common land” still 
held in occupation, into private land. This single act of 
alienation closed the old controversy; it laid the basis 
for the succeeding financial oligarchies and the empire. 

117 B. C. The people’s assent to the senatorial gov¬ 
ernment weakened the loyalty of the magistrates to the 
senate. The patriciate ceased to be the privileged class; 
it made place for a new class, composed of rich people, 
who found their way to influential positions. This was 
the time for the rise of the senate. 

90 B. C. The “lex julia” offered the franchise to all 
communities which had not revolted; the revolt here re¬ 
ferred to was the great Latin revolt, when the city of 
Corfinium v/as renamed Italia as the capital of the new 
Italian state. 

The Marsic v/ar, a struggle between Marius (the peo¬ 
ple’s champion) and Sulla (the candidate of the patricians) 
virtually suspended constitutional government. Sulla 
stands convicted of the use ot arbitrary power. The pub¬ 
lic domain was rapidly secularized; whole districts fell 
into the hands of greedy partisans, while confiscated, but 
unalloted land, went to waste; brigandage made life in the 
country insecure. This period shows plainly the evils of 
the misapplication of the laws of property and the pollution 
of public office. 


16 


DEMOCRACY AND CITIZENSHIP 


89 B. C. The ‘Tex plautia papiria” ordered the en¬ 
franchisement of citizens of allied communities, domiciled 
in Rome, provided they would file their names with a 
praetor within sixty days. This was the settlement of the 
long controversy over citizenship. Before this date citizens 
of allied countries had no vote in the affairs of the Roman 
state. 

60 B. C. The first triumvirate was a pollution of the 
public trust. Free use of money and partisan power gained 
the election for Caesar and the return of Pompey as con¬ 
suls and added another in the person of Licinius Grassus. 
The actual alliance of these three to absorb public power 
occured at Lucca, 56 B. C. 

58 B. C. The tribunates of Clodion and Milo steeped 
the city of Rome in Blood; their excesses dishonored the 
tribunate, the advocacy of the people’s rights, and brought 
this office in bad repute. 

45 B. C. Caesar’s perpetual dictatorship was a repud¬ 
iation of the principles of constitutional government, al¬ 
though being an improvement over the existing order of 
things. Caesar’s genius lessened the evils and established 
orderly and stable conditions. 

43 B. C. The second triumvirate destroyed the last 
hope for the restoration of the republic. The civil war 
ended in the defeat of Anthony and the establishment of 
the principate. The senatorial oligarchy had been pre¬ 
viously overthrown by a victory of Anthony at Phillipi. 

The decay of the Roman institution commenced about 
49 B, C. It was accelerated by the virtual suspension of 
constitutional government between 49 and 28 B. C. Hence¬ 
forth Roman government was limited by the restriction of 
the power of the legislative body. After the reign of Tiberius 
the legislative body was deprived of its power and the 
body suspended. 

A little analysis will point out the misapplication of 
the laws of property, the abuse of the conquered nations, 
the concentration of wealth as the causes of the decay 


DEMOCRACY AND CITIZENSHIP 


17 


of the Roman republic. The extreme concentration of 
wealth disrupted the moral and social standards; the abuse 
of public office deprived the masses of the only weapon, 
the tribunate; the vastness of the empire and the poor 
facilities of communication were incompatible with efficient 
government. All these causes were instrumental in bring¬ 
ing about a speedy downfall of the Roman republic. 

FRENCH DEMOCRACY. 

The two neighboring countries, France and England, 
had almost opposite experiences in the evolution of their 
governments. England’s first step was taken in 1100 A. 
D., and its course was a steady progress toward democracy. 
France’s first step was taken in 1302; at first democratic 
evolution made good progress; the French monarch con¬ 
sidered the assembly as a convenience only, and when the 
assembly showed a desire to restrict the nation’s expendi¬ 
tures, it was suspended; monarchial absolutism took its 
place, until violent counter actions, the revolution of 1792, 
again planted the banner of democracy on French soil. 

After the fall of the Roman Empire, France, then known 
as Gallia, became the prey of barbarian hordes; the country 
was despoiled by several tribes of whom the Franks emerg¬ 
ed the victors. A new centralization of power took place 
under Charlemagne or Charlemain. The latter was pub¬ 
licly crowned by the Pope at Rome in 800 A. D. The 
close friendship of the Pope at Rome and the emperor 
of the Franks had for its aim the realization of a principle 
formulated by the Byzantine emperor, Justinian the Great; 
“One church, one law, one state.’’ Sovereignity, as a 
heritage from Rome, had a profound influence upon pop¬ 
ular imagination. The power was more important from 
a spiritual standpoint than from actual authority over men 
and centralization of power. Less than forty years after 
the death of Charlemain, his vast empire fell to pieces. 
The causes of this rapid dissolution were the weakness of 
the princes, the discouragement of freemen and landhold- 


18 


DSiViOCRACY AND CITIZENSHIP 


ers over the inexorable system of financial and military 
tyranny, and the primitative methods of government 
which proved incompatible with the vastness of the em¬ 
pire. 

856 A. D. The disaffection caused by the cowardice of 
Charles the Bald provoked the alliance of the bishops and 
nobles against him. In the assembly of Thionville, he 
relinquished his right of jurisdiction over them. In 85 6 
he s'gned a charter by which the relation of the vassel to 
the crown became a reciprocal contract; the king relin¬ 
quished the right of distributing honors and fiefs. This 
became the foundation of feudalism. The above event, 
with others following, replaced the idea of public authority 
by the dependence of the weak upon the Strong, voluntarily 
entered into by contract. 

1303 A. D. The first step*".to\^ards constitutionalism. 
Philip the Fair delivered the fiist 6|pw "to feudalism as 
well as to the theocratic idea of government. Supported 
by men trained in the practice of Roman law the king began 
to define his ambitions and privileges. Whatever Philip 
gained was by law suits. He repudiated the supremacy of 
the Pope and augmented the states-general by the third 
estate. 

1468 A. D. Louis XI ended the feudal anarchy by curb¬ 
ing the leagues of the public weal. He regarded as lawful 
any means, favoring h's authority, regardless of established 
right and custom. His most faithful ally was death, which 
removed the most notable adversaries arrayed against him. 
To strengthen his power in his fight vrith the nobility he 
favored the bourgeoisy. 

1516 A. D. The concordat of 1516 was a great step 
toward absolutism. The royal jurists aw'arded to the crown 
the ecclesiastical privilege which favored absolutism. The 
grant was a pecuniary consideration even more remunera¬ 
tive than the sale of offices. 

1598 A. D. The Edict of Nantes. This edict was a 
step towards progress'on, notwithstanding all assertions 


BEHOCRACY ARD CITIZENSHIP 


19 


to the contrary. It granted liberty of conscience through¬ 
out the kingdom. 

1673 A. D. Suspension of the parliament. The con¬ 
tinuous wars of the French crown involved the latter into 
difficulties with the states-general. When the assembly show¬ 
ed a reluctance to restrict the nation’s expenditures, the king 
suspended the assembly. Louis XIV’s notion of state re¬ 
jected as impious and odious any notion of right anterior 
and superior to his own. He requested of his subjects 
absolute, continued and obligatory submission to his author¬ 
ity. 

Now came the critical period of French public thought. 
The extravagance of the French court, the absolutistic re¬ 
forms of the crown, the great financial burden upon the 
tax payers played a powerful role in bringing about the 
climax, when the public thought began to swing in opposite 
direction. New theories of government took root in the 
minds of the people which were fairly indicative of the 
rampant spirit pervading the masses. The revolt of 1792 
A. D., was not accidental and had been long brewing. 

1789 A. D. The recall of the states-general. The 
three estates could not agree and each presented a different 
list of grievances . This year saw the elaboration of the 
theory of the rights of men and the storming of the Bas¬ 
tille. 

1791 A. D. The national assembly was dissolved and 
substituted by the legislative assembly, composed mostly 
of the third estate. There was spontaneous anarchy in 
the realm. The elaboration of the new constitution and 
the establishment of the communes and municipalities 
to supercede the authority of the intendants and their sub¬ 
ordinates followed in quick succession. 

1792 A. D. The fall of the monarchy, the end of the 
bourgeoisy regime and the establishment of the republic 
were important events of this year. The electoral assembly 
was well united in principle, but their personal ambitions 
were very divergent. The reign of terror instituted by 


20 


DEMOCRACY AND CITIZENSHIP 


the Jacobin wing was the extreme radical view and was 
defeated in the following year. 

1794 A. D. The resuscitation of the royalist party, the 
birth of the socialist theory by Noel Babeuf and other views 
characterized the sway of public opinion, which always 
accompany movements of any magnitude. (Babeuf’s view 
of socialism was of the communistic type.) 

1795 A. D. The establishment of the directorate favor¬ 
ed the return to a more sane view of government. 

1804 A. D. Napoleon emperor. Napoleon’s political 
ideal was the establishment of the Roman empire. His 
boundless ambitions were the cause of his downfall. 

1815 A. D. The return of the Bourbons to the throne 
of France. The grant of the constitution was marred by 
the excesses known as the days of the “white terror.” The 
reign of the Bourbon dynasty in France ended in 1848. 

1851 A. D. Napoleon III established the second em¬ 
pire which fell in 1870, to make place for the second repub¬ 
lic which maintained itself up to the present time. 

1874 A. D. The revision of the constitution contained 
a clause which excluded all families of former reigning 
houses in France from qualifying for the presidency. 

1876 A. D. France adopted the present constitution. 
The president was made eligible for a term of seven years, 
with the privilege of re-election. He is irresponsible, ex¬ 
cept in the case of high treason; he has the power of legis¬ 
lative initiative and promulgation of laws, the right of 
dissolving the chamber of deputies with the consent of the 
senate, as also the right of suspending both houses for one 
month, the right of pardon, the disposal of the armed 
forces of the country, the power to receive envoys under 
certain limitations and the power to ratify treaties. Every 
act of the president must be countersigned by a minister 
to relieve the former of the right of personal privilege. 


DEMOCRACY AMD CITIZEHSHIP 


21 


The legislative houses are composed of the senate and 
the chamber of deputies. 75 of the 300 members are nom¬ 
inated for life; the others are elected for nine years, one 
third of which is retired tri-annually. The senate has the 
right to organize as a high court for the trial of certain 
offences against the state. The senate elects the president. 
The electoral college for the election of the senator is com¬ 
posed of the deputies, the members of the general and the 
district council and the members named by the different 
communes. (Indirect vote.) 

The deputy is elected by direct man suffrage every 
four years. This house has the initiative in finance and 
otherwise overshadows the upper house in many political 
upheavals 

The nomination of the prefects of the districts rests 
with the government; this is one of the sore spots of the 
French constitution, as it favors party power and political 
patronage. 

1885 A. D. Boulanger's popularity brought about a 
change in the electoral system. No candidate could hence¬ 
forth present himself for more than one term for election 
to parliament. 

1892 A. D. The Panama Canal scandal showed up the 
subsidization of senators and public officials by private and 
corporation funds in the interest of financial powers. The 
Dreyfus Case of 1895 revealed another woeful lack of or¬ 
ganization. These cases proved conclusively the incompet¬ 
ence of the French people to use parliamentary powers 
rightly and laid bare the great indifference of the masses 
towards republican institutions. 

France’s violent outbursts were due mainly to the 
great distress of the common people before the revolution 
of 1792. Tax farming was one of the evil practices of the 
government under the absolutistic period. The metayer 
system then in vogue pauperized the tiers etat (third es¬ 
tate). The evolution of French democracy rests on purely 
economic causes. 


22 


DEMOCRACY AKD CITIZENSHIP 


ENGLISH DEMOCRACY. 

To England more than to any other country is due the 
evolution of modern democracy. But strange to say, while 
granting at home one concession after another, she ruled 
her colonies with a rod of iron. This rigor roused espe¬ 
cially the New England colonies, whose fight for independ¬ 
ence created a new foyer or hearth, where democracy found 
new vigor and strength. For England it must be said, that 
her consistent opposition to arbitrary power showed the 
way and blazed the trail for democracies of modern type. 

The following dates and facts show clearly the evolu¬ 
tion of English democracy: 

1100 A. D. King Henry of the house of William the 
Conqueror, in order to win the support of his subjects, 
issued a proclamation and a charter of liberties immediatey 
after his accession to the throne. (He usurped the throne.) 
The great Justiciar Rogers, bishop of Salisbury, assisted the 
king faithfully in outlining the newly born constitution. The 
“curia regis” and the “court of the exchequer” built the 
nucleus of the future constitution. 

1215 A. D. The Magna Charta. Richard I, by the 
neglect of his duties, became the foster-father of the con¬ 
stitution. The ministers devised rules and costumes pri¬ 
marily for their own convenience; these became permanent 
and were cited against the latter's successors who inter- 
ferred more actively with domestic affairs. 

The fight for the Magna Charta opened under King 
John I, who alienated his subjects by his unpopular moves 
at home and abroad. Cardinal Langdon precipitated the 
formulation of the demands by rehearsing to the assembled 
barons the Charta issued by Henry I. The king signed 
the famous document in 1215 A. D. It is more of a com¬ 
mentary, than a reproduction of the Charta pledged by 
Henry I. Its main provisions are as follows: 1. No 

taxation without the great council of the realm. 2. The 
institution of positive rules of equity for the conduct 


DEMOCRACY AHD CITIZENSHIP 


23 


of courts. 3. The exclusion of foreigners and men ignor¬ 
ant of English law from judicial and administrative of¬ 
fices. 4. Freedom of the English Church from the crown. 

1258 A. D. The Mad Parliament. It met at Oxford 
and informed the king of its desires to put him under 
constitutional restraint. Henry III yielded to the demands 
of the committee, led by Simon de Montfort. The pro¬ 
visions of Oxford ordained: 1. The control of finances 
by a committee of fifteen barons and bishops. 2. The 
exile of alien advisors to the king from the realm. 
3. The reform of the king’s household. These provisions 
proved unpopular and unworkable because the interest of 
the small landholders and subtenants was not taken into 
account, and were soon revoked. 

1259 A. D. The Statutes of Westminster. The power 
of the Feudal Lords was greatly restricted and many 
classes of suits were transferred to the royal tribunals. 

12C4 A. D. The “Mise of Amiens.” The provisions 
of Oxford remained in operation for three years. The 
quarrels of the barons among themselves encouraged the 
king, who, supported by a bull from the Pope, declared 
the constitution irregular and illegal. Simon de Montfort 
raised an army and arrested the foreign advisors to the 
king. Henry proposed arbitration to which Simon de Mont¬ 
fort and his followers assented. The question was submitted 
to King Louis IX of France, whose strange decision was 
repudiated by Simon de Montfort and many barons. It 
stipulated that the king should be given supreme power 
in his realm and that he should follow the constitution, 
the Magna Charta. 

1264 A. D. “Mise of Lewes.” In the battle of Lewes 
Simon de Montfort, with inferior forces, defeated the king 
and his supporters and secured recognition of the provisions 
of Oxford and of the statute of the Great Charter. The 
summoned parliament created the privy council to fill 
the offices of state. The king agreed to exercise no act of 
sovereignity except by the consent of the privy council. 


24 


DEMOCRACY AND CITIZENSHIP 


1274 A. D. The First Statute of Winchester and 
Glouchester. Edward I undertook a series of legislative 
enactments for the purpose of strengthening the power 
of the crown by an orderly definition of his privileges. 

The “first statute of Winchester” improved the admin¬ 
istrative detail and made a grant to the king of permanent 
custom duties on exports and imports. 

The “statute of Glouchester” granted to the king the 
right to inquire into the transfer of royal estates, or ex¬ 
ceptional franchises, into the hands of present owners. 

1278 A. D. The “Quo Warranto Proceedings.” Each 
landowner was invited to show the charter or warrant 
upon which his claim or title rested. 

1285 A. D. The “Statutes of Westminster.” This 
statute contained the clause “de donis conditionalibus” by 
which the tenant for life was prevented from disposing 
the land which could pass to the legal heir only; if the 
owner had no heir the land had to escheat to the feudal 
lord. 

The second statute of Westminster provided for the 
regulation of the national militia and a useful police to 
prevent disorders. 

1290 A. D. The Statute “Quia Ex-Tempore.” By this 
statute the subtenants were refrained from making over 
land to other persons, retaining nominal possession, but 
were forced to sell it out, so that the successor in title 
stood to the overlord exactly as the seller. 

1295 A. D. The “Model Parliament,” The appeal 
of Edward I, who was involved in two wars at the same 
time, culminating in the “model parliament. His appeal 
to the people found expression in the words “because that 
which touches all should be approved by all.” This par¬ 
liament copied the constitution of Montfort’s parliament of 
1265 and greatly increased the representation, which was 
extended to the boroughs and to the minor clergy. This 
system henceforth became a normal one and the English 
parliament assumed its regular form. The organization 


DEMOCRACY AND CITIZENSHIP 


25 


of both houses in distinct units is an accomplishment of 
latter times. 

1311 A. D. The “Lord’s Ordainers.’’ Edward II hated 
all kingly duties and left them to subordinate officials. 
The lords created opposition and finally put him under 
baronial tutelage. They exacted the “Lord’s ordainers,’’ 
by which the king pledged himself not to levy an army, 
appoint an official, raise a tax or quit the realm without 
their leave. The king had to swear obedience to a num¬ 
ber of constitutional limitations of his power and promise 
to remove many grievances of his administration. The 
statute ignored the rights of the commons and put the 
power in the hands of a baronial committee which ignored 
the welfare of the realm after securing the ratification by 
parliament. 

1349 A. D. The “Statute of Labourers.’’ This statute 
fixed the rate for wages of labourers identical with the 
wages received before the “black death.’’ Landowners 
were even empowered to seize recalcitrant labourers and 
compel them to work at statutory wages. After a struggle 
of thirty years this statute became obsolete and the great 
landowners cut up their land into small parcels to rent them 
out. The statute was an outcome of conditions arising 
from a great epidemic known as the “black death.’’ 

1395 A. D. The statute of “Provisors and Praemunire.’’ 
This statute was devised to check the so-called clerical ag¬ 
gression. A strong agitation for the disendowment and 
confiscation of church property, fanned by John Wicliffe 
and others, found support in a strong anti-clerical party. 

1376 A. D. The “Good Parliament.’’ After over¬ 
throwing the king’s advisers, the parliament appointed a 
commission of twelve peers who were to exercise similar 
powers to those of the “Lord’s ordainers.’’ The king had 
to promise to amend a long list of grievances. The 
statute did not remain in force very long. 

The first parliament under Richard I took up the work 
of the “good parliament.’’ The young king was forced to 


2G 


DEMOCRACY AND CITIZENSHIP 


repudiate the declaration by which his uncle had squashed 
the statute of 1376, and was forced to sanction a new pro¬ 
vision to the effect that, “no act of parliament can be 
repealed, save by the act of parliament.” 

1381 A. D. The “Great Revolt.” It was provoked by 
the unjust poll tax which placed the heavier burden upon 
the poorer classes; other causes were the plight of the 
small landowners and the unjust “statute of labourers.” 
John Ball, known as the “mad priest of Kent” at this 
time advocated the abolition of all differences in rank, 
status and property. The anger of the people culminated 
in serious outbreaks in many places over the realm. The 
insurgents spent their rage on the authors and the dis¬ 
pensers of the “poll tax” statute and the “statute of 
labourers.” 

1640 A. D. The “Great Remonstrance.” The parlia¬ 
ment was convoked in 1640 and it proceeded to refuse 
supplies to the king’s needs. It demanded the head of 
the king’s advisor, Strafford, and began impeachment pro¬ 
ceedings. It ordained the raising of tonnage and pound¬ 
age without its grant to be illegal, the abolishment of 
courts and star chambers and high commissioners of the 
North, the responsibility of the judges to the parliament 
as well as to the king. 

1679 A. D. The “Habeas Corpus” act was passed and 
legalized in this year. 

1689 A. D. The “Toleration Act.” This act guaran¬ 
teed the right of separate assembly for religious worship. 
The “Test Act” and “exclusion act” were thereby invali¬ 
dated. 

1694 A. D. The Freedom of the Press. It was a 
complement to the toleration act and abolished the censor^ 
ship of the press. 

1700 A. D. The Cabinet Government. It was insti¬ 
tuted on the advice of the Earl of Sunderland by King 
William. The latter chose the most prominent members of 
both houses for his ministers. 


DEMOCRACY AKD CITIZENSHIP 


27 


1701 A. D. The “Settlement Act.” The judges were 
protected against dismissal, except on the joint address 
of both houses of parliament. 

1765 A. D. The “Declaratory Act.’’ The “declaratory 
act’’ and the “stamp act’’ were really taxing the American 
Colonies for Great Britain’s benefit. 

1806 A. D. The “Continental Blockade,’’ and the 
English “Orders in Council.’’ These rulings had a bearing 
on International Law; as such they cannot be overlooked in 
the study of modern government. 

1807 A. D. The Abolition of the slave trade in the 
United Kingdom and its colonies. 

1815 A. D. The passing of the Corn Laws. No corn 
was to be imported as long as wheat was under 80 
shillings. 

1817 A. D. Repressive Legislation. This year marked 
the period of the beginning of repressive legislation. The 
Habeas Corpus Act was suspended for a period of four years 
in order to meet the lav*rlessness existing. 

1819 A. D. The Great Agitation for Reform. The pub¬ 
lic press was silenced by repressive legislation. The “Act 
against seditious libel.’’ In the “Manchester Massacre’’ 
hussars broke up a public meeting by the killing of several 
and the wounding of many. The passing of the “six acts’’ 
followed, as a further restriction of liberty; but real reform 
succeeded in the following years. 

1829 A. D. Catholic Emancipation Bill. It was 
adopted. 

1831 A. D. The “Great Reform Bill’’ was first thrown 
out by the Lords and then referred to the people who 
returned a government majority which passed the bill. 

1847 A. D. The “Ten Hour Bill’’ of 1847 was followed 
by the reform bill of 1859. 

To the British nation do w’e owe the evolution of 
modern democracy. The melting of the Roman and the 


28 


DEMOCRACY AND CITIZENSHIP 


old English law imparted a distinct character to organi¬ 
zation of government, and laid the basis for all governments 
by representation. 

AMERICAN DEMOCRACY. 

The evolution of the government of the United States 
of America brought about the adoption of the finer prin¬ 
ciples involved in democracy and representative govern¬ 
ment. While the early founders of the Union attempted 
to avoid the establishment of democracy, every step in 
the evolution of its government was a step toward democ¬ 
racy. 

1643 A. D. The first attempt at union in New Eng¬ 
land. A board of commissioners was created and received 
great powers over the colonies. 

1644 A. D. The “Writ of Quo Warranto Proceedings 
against Massachusetts.” The New England Council re¬ 
signed its charter voluntarily. Troubles at home com¬ 
pelled the English home government to drop the proceed¬ 
ings. 

1650 A. D. The “Navigation Act” and other restric¬ 
tive legislation were the outcome of the commercial 
struggle of England with Holland. It developed a distinct 
colonial policy which dominated British relations with 
her colonies. 

1663, 1673, 1696 A. D. The “Acts of Trade.” The 
import and the export were required “to be carried on 
English and colonial vessels, built in Great Britain and 
by Englishmen.” The goods were to pass through Eng¬ 
land; the carrier had to pay his duty there; from there 
the surplus was to be distributed to other countries. The 
law was a vital infringement of the laws of trade, a viola¬ 
tion of democratic principles at home and abroad. 

1700 A. D. The 18th century brought to the colonies 
restrictive measures to prevent the growth in manufactures 
in wool, hats and iron. It granted the colonies conces¬ 
sions in return by the supressing of the culture of tobacco 


DEMOCRACY AND CITIZENSHIP 


29 


in England and Ireland. Concessions on the trade in 
indigo were in favor of the colonies. It is clear that 
these measures were calculated to favor the manufactures 
at home; the colonies were considered as a ready market 
for English manufactured goods. In Ireland these con¬ 
ditions exist today to a certain extent. 

1676 A. D. The original colonial charters were revoked 
by the English home government and the colonies were or¬ 
ganized into royal provinces. Bacon’s rebellion in Virginia 
caused the government to strengthen the royal power. 
The continued restrictive legislation by the home govern¬ 
ment alienated the colonial population from the mother 
country. < 

1689 A. D. The overthrow of Governor Andros of New 
York. Discontent spread over the colonies, caused by the 
oppression of the royal officials, and found vent in upris¬ 
ings. The fall of the Stuarts was the signal for the up¬ 
risings; it was then that the Governor of New York was 
overthrown. 

1713 A. D. The introduction of slavery into the col¬ 
onies. The Treaty of Utrecht sanctioned the slave trade 
(although established before this date.) 

1754 A. D. A draft for a permanent government was 
presented at the Albany Convention by Benjamin Frank¬ 
lin; the draft was not accepted. 

1761 A. D. The “Writs of Assistance,” designed to 
enforce the “Navigation Acts,” augmented the troubles of 
the colonists. The acts were to be enforced by search 
warrants. 

1765 A. D. The passing of the “Stamp Act” and the 
“Colonial Revenue Bill” roused general indignation and 
precipitated riots in many communities. The feeling ran 
high and outbursts occured in many colonies. The organi¬ 
zation of the “Sons of Liberty” dated from this time. 

1766 A. D. The “Repeal of the Stamp Act.” Shortly 
on the heels of the former followed the “Declaratory Act.” 
The colonial contention for a trial by jury and representa- 


30 


DEMOCRACY AHD CITIZENSHIP 


tion in matters of taxation roused considerable opposition 
to the English home government. The latter on hearing 
of the seriousness of the situation repealed the “stamp act" 
but passed the “declaratory act" which was in principle 
an affirmation of the right of Great Britain to bind the 
colonies in any case whatsoever. 

1767 A, D. The impost of duties on glass, paper, 
printing inks and tea. The “Colonial mutiny act" named 
after its author “the Townshend Act" re-opened the ob¬ 
noxious question of taxation. The popular feeling ran 
high and the government officials found considerable op¬ 
position. 

1768 A. D. The Riot at Boston. Two regiments were 
transferred to Boston. The revival of the statute of 
Henry VIII, making colonists liable to transportation to 
England for trial, increased the spirit of opposition. 

1774 A. D. The “Punitive Statutes." The passage of 
the Boston Port Bill, which denied Boston the right to 
a port of entry, was a retaliatory measure, taken for the 
destruction of 340 chests of tea in the Boston Harbor. 
The impending fate of Boston precipitated the Continental 
Congress and helped greatly to establish a mutual feel¬ 
ing so much needed in the impending strife. 

1775 A. D. Outbreak of hostilities. The Continental 
Congress passed the Declaration of Independence. The 
articles of federation were reported in congress. An eight 
year war opened for the defence of the principles contested 
for. 

1783 A. D. The recognition of the United States of 
America was accepted in the Treaty of Paris. 

1780 A. D. The articles of federation were ratified 
in the year 1781. The Annapolis Convention was called 
to consider a change in the constitution. Only delegates 
of five states appeared. The call for another convention 
was sent out, the meeting to be held in Philadelphia in the 
following year. 


DEMOCRACY AND CITIZENSHIP 


31 


1787 A. D, Under the presidency of George Washing¬ 
ton, the assembly met in Philadelphia. Virginian delegates 
offered the plan for the organization of two houses with, 
compulsion of the states to fulfill their obligations. This 
plan is known as the large state plan. New Jersey dele¬ 
gates proposed the single-house organization with equal 
state vote. Connecticut delegates proposed a double-house 
organization with proportionate representation of the 
states which was adopted. 

The ordinance of 1787 promulgated a new theory, par¬ 
ticularly expressing the American ideal. “The develop¬ 
ment of self-government” should be granted to settlers 
as fast as possible; until such time the power of congress 
over the colonies was made absolute; this was the act 
of congress of 1787. 

1790 A. D. The abolition of slavery in the North 
roused the sentiments of the South and opened the issue 
which became the principle of contention in the new-born 
republic. The question of slavery done more for the devel¬ 
opment of American democracy than any other issue. 

1791 A. D. The federal constitution was adopted. 

1806 A. D. The “English orders in council” and the 

“Continental Blockade” by Napoleon brought to America 
difficulties of international character. In 1807 the British 
Government issued further orders, forbidding American 
trade with any country from which England was excluded. 
These pretensions led to the American “embargo act;” 
it was lifted in 1809 and substituted by the “non-intercourse 
act” excluding all English and American trade and import¬ 
ation. 

The English view of “once an English subject, always 
a British subject” interferred with American rights. 
British vessels insolently stopped American vessels, to 
search them for British subjects in order to impress them 
for seamen for her vessels. This doctrine was one of 
the most flagrant violations of international law on record. 
It brought about the war of 1812. 


32 


DEMOCRACY AND CITIZENSHIP 


England’s doctrine of perpetual allegiance, although 
modified to allow emigration, was greatly checking Ameri¬ 
can endeavor towards sovereignity and protection of its 
subjects. The controversary of the two countries extended 
over four vital points: 1. Great Britain’s claim of jur¬ 
isdiction over naturalized English subjects in the United 
States. 2. Her claims to the right of impressing her sub¬ 
jects for seamen of her vessels, and this wherever found. 
3. Her claims to the belligerent right to search of neutral 
vessels. 4. The difficulty of distinguishing between native 
born and American subjects. Only the impotence of the 
central government prevented a war before 1812. 

1816 A. D. The tariff, proposed by Hamilton and his 
party, was applied after the war of 1812 with a view to 
the protection of the home manufactures from destruction 
by English competitors. The protection imposed by the 
“blockade” and the “non-intercourse act” was thus auto¬ 
matically continued. The tariffs were greatly increased 
in 1824 and 1828; the funds were used for public improve¬ 
ments. 

1823 A. D. The “Monroe Doctrine” was published by 
President Monroe: “We would not view any interposition 
for the purpose of oppressing them (the South American 
Republics) or controlling their destiny, in any other light 
than as the manifestation of an unfriendly disposition 
towards the United States.” It was a new doctrine, 
vitally affecting the whole American continent. 

1832 A. D. The collapse of the United States National 
Bank. The government diverted government funds to 
other institutions and thus caused the collapse. 

The doctrine of “nullification” would have vested the 
states with the power to nullify the operation of a federal 
law within their jurisdiction. The tariff act of 1832 pro¬ 
voked this doctrine; it was ardently supported by Cal¬ 
houn and his party. 

1837 A. D. The great crisis of 1837 was brought about 


DEMOCRACY AND CITIZENSHIP 


33 


by the over speculation of previous decades, and conse¬ 
quent inflation of land values and products. 

1836 A. D. The “specie circular” (paper money heresy) 
was another factor, adding to the great trials of the panic 
of 1837. The government ordered that nothing but gold 
or silver should be taken in payment of taxes. The re¬ 
sulting repudiation of the specie currency forced many 
states to repudiate their obligations. 

1840 A. D. The establishment of the sub-treasury was 
first passed in 1840 in the wake of two panics. The gov¬ 
ernment thereby severed its connection with private banks 
and assumed custody of its own funds. It was the only 
protection against the landjobbing system existing. The 
act was repealed in 1841, but re-enacted in 1848. 

1831 A. D. The Abolitionist Movement. Its main 
supporter was Garrison. Up to this time it meant gradual 
abolition. The constant fight of the abolitionists widened 
the breach between the North and the South. The flrst 
clash between these two factions manifested itself in the 
annexation of Texas. 

1850 A. D. Personal liberty law cases were trans¬ 
ferred from the jurisdiction of courts to United States Com¬ 
missioners, to be assisted by United States Marshals. After 
1850 the “fugitive slave law” was enforced, in many cases 
with revolting brutality. 

1850 A. D. The Koszta Case. National protection was 
accorded on foreign soil to a person who had only taken 
preliminary steps towards his naturalization. 

1860 A. D. The Southern Secession. The Confeder¬ 
acy. The southern state conventions proceeded to organize 
the confederacy, a provisional government and a consti¬ 
tution, without looking to the people for a ratification in 
a general election. 

1861 A. D. The blocade of the Southern coast was 
announced by President Lincoln. The news evoked neutral¬ 
ity proclamations from Great Britain and France. 



34 


DEMOCRACY AND CITIZENSHIP 


1862 A. D. The suspension of the “habeas corpus 
writ.” It was applied by President Lincoln in 1861. 
The Supreme Court issued a decision that the writ might 
be suspended relative to persons engaged in war. 

The Trent Case brought about a collision with England. 
Federal forces had taken two Confederate Envoys, James 
M. Mason and John Slidell, from an English merchant 
steamer by force in 1861. The homestead laws and ex¬ 
emption laws were passed in 1862. By these laws congress 
developed a system for the granting of land to railways. 

1863 A. D. The “Emancipation Declaration." This 
declaration by President Lincoln was a new do<ctrine, 
typically defining the line between the new and the old 
democracy. 

1865 A. D. The end of the Civil War. The “thirteenth 
amendment" abolished slavery throughout the union. 

By the establishment of the Freedmen’s Bureau an 
agency was created to take care of the post-war problems. 
The Bureau was empowered to assign land for the use of 
the freedmen, where the war had existed. It created 
charitable and educational institutions among them, exer¬ 
cised jurisdiction in cases where a freedman was a party 
to the controversy and regulated their labor contracts. 

1866 A. D. The “civil rights bill" declared the freed¬ 
men citizens of the United States, with the same civil 
rights as the white population. 

1867 A. D. The “tenure of office act." This act for¬ 
bade the removal by the president of civil officers without 
the consent of the Senate. 

1869 A. D. The “McCardle Case." McCardle, an edi¬ 
tor, was arrested by the military authorities for criticising 
this power during the reconstruction period. 

1870 A. D. The “fifteenth amendment" ordered that 
“the rights of citizens of the United States to vote shall 
not be abridged by the United States, nor by any state, 
on account of color, race, or previous condition of servi- 


DEMOCRAST AND CITIZENSHIP 


35 


tude." It affirmed in principle the previous enfranchise¬ 
ment of the colored race and made disenfranchisement of 
such race impossible in the future. 

1873 A. D. The “Virginius Affair."The Virginius was 
an American vessel, flying the American flag. The flli- 
bustering crew of the vessel was captured by the Spanish 
authorities and fifty of the men were shot. 

1873 A. D. The "coinage act." The "crime of 1873." 
The silver had been dropped from the list of coins by con¬ 
gress. The political turmoil over this action closed by 
the "Bland-Allison Act" whereby the free coinage of silver 
was authorized. The coinage question came up at differ¬ 
ent occasions and played an important role at several 
national elections. 

1874 A. D. The "Granger Movement." Railway 
abuses, of the privileges granted them, was responsible for 
the "Granger Movement." The organization was espec¬ 
ially strong in the West and Southwest. The Western 
states especially organized and passed laws, creating max¬ 
imum rates of transportation, and commissions to regulate 
the railway traffic. Although many of these laws were 
later on repealed, they created a legal precedent, consid¬ 
ering the railways as public carriers and as such subject 
to regulation. This principle was affirmed in supreme 
court decisions. 

1885 A. D. By the repeal of the obnoxious "tenure of 
office act" and its substitution by the "civil service act" 
the abuses of public office were somewhat lessened. It 
certainly was an important step in public organization. 

Another law passed in this year forbade the importation 
of labor under contract. 

1887 A. D. The interstate commerce law was framed 
to prevent unjust discrimination of the railroads against 
"persons, places, and commodities," and pooling. It for¬ 
bade the higher charge for the short haul (unless permitted 
after an investigation by a committee) and compelled pub- 


36 


DEMOCRACY AND CITIZENSHIP 


licity of rates. It laid the foundation to checking the 
economic consolidation and monopoly. 

1891 A.D . The “promotion mania.” New Jersey laws 
and those of a few other states offered a convenience for 
incorporation under the name of “holding company.” It 
also offered excellent opportunities for the control of the 
public market. Not alone open combinations, but also sec¬ 
ret agreements were used to control the public market in 
favor of these companies. This is the period of the develop¬ 
ment of great financial groups as the Standard Oil Com¬ 
pany, the Carnegie group, J. Pierpont Morgan Company, 
Union Pacific Company under Harriman, the Great North¬ 
ern Company and the Northern Pacific under James J. 
Hill. Their operations were not always bona fide and 
certainly not in the public interest. 

1890 A. D. The Sherman “Anti-Trust Laws” declared 
combinations between several states and with foreign 
nations illegal and punishable by fine and imprisonment. 

1893 A. D. The great financial panic. Reckless finan¬ 
ciering and unsound banking more than any other reason 
were responsible for the great panic. The banks, in an 
effort to check the panic, resortedVto clearing house cer¬ 
tificates and later suspended specie payment altogether. 
The panic focused the national attention on financial 
questions and fomented trouble in more than one direction. 

1893 A. D. A period of high financiering, on a scale 
hitherto unknown, found its expression after the panic 
of 1893. Powerful combinations absorbed their weaker 
rivals at will and pleasure. These combinations were made 
possible by the help of banking institutions handling the 
money of the common people, of the small depositors. 
The transportation lines were absorbed by a few magnates, 
as the Morgan, the Harriman, the Gould, and Hill interests. 
It is true that labor shared in this general prosperity, but 
in no measure equitable with the interest of the financiers. 
After 1900 when the power had spent itself another panic 


DEMOCRACY AND CITIZENSHIP 


37 


Shook the country in 1907, and disturbed the dreams of 
a mis-led nation. 

America’s share in the evolution of democracy was of 
a higher order than the one of any other country- It 
brought out the ideals now prevalent. It is to the credit 
of the United States to have first recognized the equality 
of men, regardless of birth, color, or wealth, and to have 
evolved laws to attain this principle. Every step in the 
evolution of the government of the United States has been 
a step in progressive democracy. 

PROBLEMS OF DEMOCRACY. 

The problems of democracy are set forth in crude form 
in the quotations of definitions of democracy and their 
analysis. 

Democracy is applied in many forms; the word democ¬ 
racy has come to be applied as political, industrial or eco¬ 
nomic, and social democracy. It is clear that political 
democracy concerns itself with the political organization 
of a nation. Whether the mere representative government 
will satisfy the aim of democracy, whether the government 
should be carried on by the masses of the people by the 
direct or the indirect form, what the form of representa¬ 
tion should be, whether the representative should be re¬ 
sponsible to the constituency, etc., are questions which be¬ 
long to political democracy. 

Industrial or economic democracy deals with the purely 
economic side of the democratic organization of govern¬ 
ment. There was a time when American democracy meant 
no more than cheap land, or at least was associated with 
the low price of land in the mind of the people. The com¬ 
plexity of the present organization of government involves 
considerable expenditures. Money always figures in 
elections, no matter whether we consider the candidate 
for election, the election itself, or the electorate, the com¬ 
mon people. It is here where the question presses upon 
our mind, whether money is ruling, or money is ruled by 


38 


DEMOCRACY AND CITIZENSHIP 


government, by the people. Distribution of wealth and the 
means of production has become the foremost problem of 
modern times. What such distribution is, what it should 
be, etc., are problems of economic or industrial democracy. 

The social democracy would define the better way of 
living, the remedies to be applied to level the social bar¬ 
riers, the social differences, etc. 

In treating these three kinds of problems we must 
naturally cross and recross our path. These three fields 
are very much interlinked and merge into a great whole. 
The following chapters on democracy and political science, 
democracy and political economy, democracy and sociology, 
democracy and civics, democracy and law, democracy and 
idealism are interlinked in their subject matter. What is 
discussed in one chapter might properly be discussed in 
another. But this little work will not repeat itself as far 
as possible. The student will find in the index the sub¬ 
jects indicated and must inter-relate them to suit himself. 


DEMOCRACY AND CITIZENSHIP 


39 


PART II. 


MODERN CIVILIZATION. 

In considering modern civilization we must consider 
its development from the feudal ages. 

The feudal ages saw monarchies, but the monarch was 
not absolute; he was merely the biggest noble. In the 14th 
and 15th century the kings of Spain, England and France 
tried to break the power of the nobles in order to increase 
their own. They gained such power in the middle of the 
15th century. Their successors, not satisfied with this 
power, strove for absolute powers. Absolutism gained its 
height under Louis XIV of France. In England the struggle 
for Absolutism began under the reign of the Tudors. 

This struggle for absolutism assumed many forms and 
conditioi;yi». 4 ind called for new steps in religious, educational 
and politicali organization as the fight raged forth and back. 
The abnormal religious strife made place for a hitherto 
unknown religious toleration and liberty, which is now 
firmly established in every quarter of Europe and America. 
Education took a new impetus and was extended to the 
laiety. The establishment of parochial schools was the 
beginning of a new era in education. New methods in the 
study of the sciences were the result of intellectual expan¬ 
sion and the evolution of new talent. 

The evils incidental to the application of absolutism 
called forth a new theory on political and social organiza¬ 
tion, the “laizzez-faire” theory. Its overthrow conditioned 
the socialist theory, which was the very opposite of the 
former. Modern civilization in its transformation has 
quickened the establishment of the modern notion of gov¬ 
ernment by representation. Its rapid transition has per¬ 
formed a work which would have necessitated twice or 
treble the time under the mediaeval system, rule and 



40 


DEMOCRACY AND CITIZENSHIP 


spirit. Every step surpassed the older in intensity and 
magnitude which affected every phase of human life. So 
we may not be abashed at the significant changes in relig¬ 
ious and civil life, nor at the abnormal social and religious 
conditions and the viciation of individual habits, for they 
were the product of the intensification and quickening of 
human concepts, activities, and with them of virtue and vice. 

HISTORICAL SKETCH OP ABSOLUTISM. 

The reign of Absolutism found its perfect type in 
Louis XIV of France (1643-1715). At that time the 
French court infiuenced all Europe and served as the pro¬ 
totype for all the others. Under his predecessor, the 
Cardinals Richelieu and Mazarin, as ministers of France, 
began to advocate theories bordering on the new method 
of government. Their recommendations gave the monarch 
a good excuse to justify the suspension of the “etats gen- 
eraux” (1614-1789) which made the crown supreme. The 
finance minister of Louis XIV (Colbert) was the real genius 
of France and his organization of the resources of the 
country was of a superior order. On the whole, Louis 
XIV’s fortunes at war were fruitless and settled on 
France a lasting debt which proved the nemesis of ab¬ 
solutism and the overthrow of the French monarchy. 

Absolutism in England. In England, James I, (1603- 
1625), advanced the theory of “the divine rights of kings.” 
Opposition fostered by the Puritans brought the first occa¬ 
sion for the impending conflict. Under Charles I, (1625- 
1649), the parliament forced a grant known as “the peti¬ 
tion of right” in 1628. The “long parliament” after meet¬ 
ing out punishment to the king’s advisers, the Earl of 
Strafford and the Archbishop Laud, decreed the meeting of 
the parliament for every three years, its dissolution to be 
contingent upon its own consent (1637). Close on the 
heels followed the “grand remonstrance,” the Civil War 
and Cromwell’s protectorate. The absolutism of Charles 


DEMOCRACY AND CITIZENSHIP 


41 


III (1660-1665) forced the “habeas corpus act” and gen¬ 
eral laws against Catholics and dissenters. James II 
(1660-1685) unlawfully appointed Catholics to Church and 
army offices. The petitions of the seven bishops, their 
subsequent arrest, trial and acquittal were a signal defeat 
of the principle of absolutism and William of Orange’s ac¬ 
cession to the throne of England its death blow as far 
as England was concerned. 

Absolutism in Russia. The defeat of the Russian 
princes by the Mongols was the natural end of feudalism 
in Russia. The successes of Ivan the Great and Ivan the 
Terrible made a new regime possible, which culminated 
under Peter the Great. In Russia and Turkey Absolutism 
held out the longest in any country of Europe. 

Absolutism in Prussia. Prussia was of a newer birth 
and therefore easily adapted itself to the new theory of 
government which took a thoroughly firm hold in this 
state. 

The Enlightened Despots. Peter the Great, Frederick 
the Great of Prussia, Joseph II of Austria, and Louis XIV 
of Prance are known in history as the enlightened despots; 
they firmly espoused the principles of absolutism and em¬ 
ployed every means to further its perpetuation. 

DowTifall of Absolutism. Absolutism came to early grief 
in England because of the steady opposition of the people 
to the crown. In France success of the new theory found 
favor in the beginning; but its overthrow was of a violent 
character in strict contrast to the comparatively peaceable 
transition in England. 

Absolutism was perhaps the worst form of government 
history knows of and diametrically opposed to democracy. 
But it must be said that it was a necessary step in human 
and nature’s economy to bring about democracy. The evils 
of the former can best be treated under the spot light of 
historic search. Experience is the great teacher in all 
human life and the most potent factor in human evolution. 


42 


DEMOCRACY AND CtTiZENSHIP 


THE RELATION OF THE CLASSES BEFORE, DURING 
AND AFTER ABSOLUTISM. 

The king was the chief noble of the land and all land¬ 
holders or grant holders were under him during feudalism. 
The nobles had practically absolute control of the life and 
property of their subjects. The villains were peasants who 
were practically free. They owed only a fixed amount of 
labor to the lord and certain payments on certain days of 
the year. The serfs, mostly peasants, were in the same 
position as their forefathers during the middle ages. They 
could be sold with the land only, and worked for the lord 
as the latter specified. The renaissance with its rejuvenat¬ 
ing growth created the burgher class. The people rushed 
into the cities which grew in an unprecedented manner 
and brought this burgher class into existence. The busi¬ 
ness class of cities and towns became known as the bour¬ 
geoisie. 

Serfdom received a heavy blow from conditions arising 
from the “black death,” an epidemic sweeping over Europe 
about 1348 A. D. The disease preyed especially upon the 
laboring class, causing considerable shortage in laborers. 
The lord or the land owner forced upon the workman more 
labor at the wage customary before the epidemic. The 
opposition of the laborer called for the “statute of labor¬ 
ers” in England which became obsolete, after a fight of 
thirty years. This opened a new relation between the land 
lord and the serf throughout Europe. The tenant system 
was a step in progressive social evolution and now holds 
sway in most European countries and probably will for 
some time to come. 

There is now a great agitation for the nationalization 
of land. Socialistic and communistic control of land are 
now being tried in Europe. This must be designated as 
the extreme conception of property ownership. We are 
facing two extremes, both wrong in principle, opposites 
in their order of working, and alike unproductive of the 


DEMOCRACY AND CiTIZENSKIP 


43 


common good. If democracy is to forge ahead on progres¬ 
sive lines these two extremes will have to melt into a middle 
course, favoring a wider distribution of the means of pro¬ 
duction. This is the key to future progress or downfall 
of the present system and a few decades more will tell 
the story. 

THE PERIOD OF THE COMMERCIAL WARS. 

The discovery of America promoted a spirit for colon¬ 
ization and commercialism. The struggle began between 
Spain and Portugal, from which Spain emerged the victor. 
Portugese conquest went eastward, the Spanish westward. 
In a dispute between these two countries, the pope, as 
arbitrator, settled the question by giving to Portugal the 
eastern hemisphere and to Spain the western hemisphere 
for expansion; thus the advantage rested with Spain. 

Mexico and Peru furnished all the material her mer¬ 
chant marine could absorb. The vast area of America 
disrupted Spain’s strength. The narrow policy of her 
rulers kept the development of Spain in a narrow and 
superficial state and without a lasting and solid foundation. 
Spain did her work in a way and had to relinquish a part 
of her task to nations better fitted to carry the banner of 
progress, to the Netherlands, and to England. Spanish 
and Portugese control had to pass to the above two. 

The fisheries, the fur trade, the trade in tobacco, sugar 
and coffee were the original causes for international rivalry. 
The Dutch made use of fishing opportunities before the 
English. English control of fisheries in the North Sea 
dates from the latter period of the 15 th century. French 
fisheries lay in the distant fields of New Foundland; France 
found also a remunerative field in the fur trade. Sugar 
played an important part in the development of commerce 
and international relation; it also must answer for slavery 
in the United States. The slave trade was established by 
the Spanish and the Portugese. This monopoly soon passed 
over to England who controlled it for a number of years. 


44 


DEMOCRACY AND CITIZENSHIP 


Oversea trade was controlled by the Dutch in the 17th 
century and was broken, not by economic means, but by 
a series of wars with France and England. 

The motives for European colonization were the estab¬ 
lishment of fields to draw on for the raw material needed 
for manufactures at home and a field to dispose of the 
surplus of manufactured products, and thus add to the 
wealth of the home country. To do this, absolute control 
of the colonies was necessary. The exploitation by the 
mother country roused the colonists and placed them in 
opposition to her. The United Colonies of America freed 
themselves from Great Britain in the war for independence 
(1775-1783). Those colonies which did not establish their 
independence remained the constant prize for warring na¬ 
tions. But they, too, by stress of circumstances, had to 
play their part in the evolution of modern democracy and 
civilization. 

Among the commercial wars we must mention the so- 
called 100 years war which began when King James II, 
a protege of Louis XIV of France, was forced to relinquish 
the English throne, and King William’s War, which ended 
in the Treaty of Ryswick (1697). Five years later began 
the Spanish succession war which ended in the Treaty of 
Utrecht (1712). West Indian Commerce embroiled Spain 
and England, the first Silesian war further fanned the 
fiames of discord between the two countries and occupied 
European attention until the Peace of Aix la Chappelle 
(1748). The Seven Years War started on the continent 
and spread into the colonies; France and England fought 
for colonial supremacy in America and India; the war ended 
with the Treaty of Paris (1763). The American Revolution 
brought independence to the United States of North Amer¬ 
ica in the treaty of Paris (1783). The French Revolution 
began in 1793 and lasted until the overthrow of Napoleon 
in 1815. During this period the English extended their 
dominion all over the world. The war of 1914 was of 
distinct commercial origin. The brutal disregard of inter- 


DEMOCRACY AND CITIZENSHIP 


45 


national law and the right of small nations by the German 
Imperial Government changed the aspect of this war to a 
struggle for the right of nations and representative govern¬ 
ment. The phase of commercialism, however, was not 
eliminated thereby and the proceedings at Paris are ample 
evidence thereof. 

SOCIAL., POLITICAL AND ECONOmC CONDITIONS. 

The expansion of cities was very rapid, but no improve¬ 
ment over the old system. The establishment of private 
and public postoffices made communication easier. 

Personal Habits. The hitherto unprecedented prosper¬ 
ity brought new habits and new customs. The introduction 
of coffee in Europe favored the establishment of coffee 
houses. The ample supply of tobacco favored the smok¬ 
ing habit. The use of malt liquors and wines stimulated 
the habit of drinking. Religious excesses were followed 
by a distinct irreligious indifference during the 18th cen¬ 
tury. 

The Evils of the Press. In England the comparative 
freedom of the press brought in its wake a flood of pam¬ 
phlets and newspapers. They were usually of a diminutive 
size, and scandal was their average topic. The tax upon 
newspapers in 1712 stopped many of these, but did not 
remedy the evil. These newspapers, in spite of their evil 
tendencies, did much toward spreading democratic ideals, 
views and notions on popular government. 

Speculation and Commercialism. The colonial period 
needed much capital and organization. The need of colon¬ 
ial goods gave rise to speculation which grew into a ver¬ 
itable fever for gambling and speculation (the South Sea 
Bubble). To the colonial period and its needs must be 
ascribed the establishment of the Board of Trade which 
dealt in stocks of secure and insecure nature alike. In 
England the already firmly entrenched control of land- 
ownership and the consequent control of the means of 


46 


OEffiOCRACY AND CITIZENSHIP 


production was more firmsly rooted in the establishment 
of the Board of Exchange. Commercialism was founded 
in England and is a direct product of English control of 
trade and commerce. 

Treatment of Crime. The growing sentiment for demo¬ 
cratic principles brought about a change in the treatment 
of crime; from England such reforms spread to the contin¬ 
ent. A distinct sentiment for the improvement of methods 
dealing with criminals found root in the minds of the peo¬ 
ple. Torture was abolished, jails became more sanitary, 
arrest by warrant instead of by “lettres de cachet” and 
trial by jury gradually became popular and lawful. 

Treatment of Poverty and Pauperism. The methods of 
the 18th century failed to discourage crime or to reduce 
poverty. On the contrary it became more apparent and 
easier felt. The custom to help those in need by such sums 
as was necessary for their maintenance increased the state 
burden and clearly pointed out the need for adequate legis¬ 
lation to check the current evil. Practical philanthropy 
and sanitation while doing their share, could not eradicate 
the root of the evil. Intense control of the means of 
production intensified poverty and pauperism and called 
for unusual measures. (English Poor Laws.) 

The Reform Theory. The conditions and evils exist¬ 
ing could but attract the attention of social writers and 
economists, who wielded a great power in shaping public 
opinion for good or evil. New theories and notions on 
government advanced new ideas in the application of social 
and economic laws. Montesquieu, Voltaire, Diderot, Ross- 
eau, etc., roused the masses by pointing out the existing 
evils. Rosseau’s social contract, the mercantilist’s theory 
(the single tax) the “laizzez-faire” theory were products 
of this time. The most important work of this character 
was Adam Smith's “Wealth of Nations.” 

Cluinges In Government. The colonial intercourse, the 
establishment of the freedom of the press, the newly created 
postal system made the exchange of ideas easy and popular. 


DEMOCRACT AND CITIZENSHIP 


47 


Their effect on government was of a decided character, and 
absolutism had to vanish before them as darkness before 
the light. Government methods changed in favor of the 
masses and constitutional government found favor with 
men. The influences of the Napoleonic times brought about 
the adoption of constitutional government in Europe gen¬ 
erally. The step of the United Colonies of North America 
in establishing their independence was the pioneer move¬ 
ment of modern or representative government and became 
the prototype of the American republics which were estab¬ 
lished less than half a century later. 

THE PEOPLES AND THEIR GOVERNMENTS. 

The Constitution. Written constitutions were unknown 
before the 18th century. It is a distinct American product, 
the fundamental law of modern self-government; it is of 
no importance, except as a basis to government. Europe 
had written and unwritten constitutions; on the whole 
these were quite undemocratic. The European constitution 
is usually made by parliament, in America by national 
assemblies. 

The Suffrage. In America man suffrage is universal, 
while woman suffrage is only partially applied. Manhood 
suffrage now exists in most countries in Europe. Woman 
suffrage was granted in Finland in 1906, in Norway in 1907. 
It now is established in Russia. Denmark and Sweden have 
extended the same privilege during the late war of 1914. 

The Government. The government may be ministerial, 
or parliamentary. Direct popular government exists in 
Switzerland. French government is bureaucratic in struct¬ 
ure and effect. There were flve republics before the war 
of 1914: France, Switzerland, Portugal, St. Marino and 
Andorra. 

Civil Rights. Roman citizens had as many rights as 
the democrat of the 20th century; but only few citizens en¬ 
joyed these rights. Courts are established to protect these 


48 


DEMOCRACY AND CITIZENSHIP 


rights. Public trial and jury systems exist in Great Britain, 
France, Belgium and Switzerland, and in most portions of 
Germany. 

Public Office. The appointment to public office depends 
upon popular vote in the United States. In England it 
was more restricted to appointment, while in Europe it 
was more reserved for the aristocracy. The late war of 
1914 has upset time honored customs in Europe in this 
respect. 

Taxation to Carr>' on Government. The European fin¬ 
ances were more closely watched than in America. Amer¬ 
ica depends largely on the property tax, the tax upon land 
and its improvement and only in a small measure upon a 
tax on personal property. English taxation consists pre- 
dominently of the house tax which amounts to almost one- 
third or one-fourth of the house rental. Municipal trading 
furnishes a fair amount of the receipts. German taxation 
consisted in the income tax on incomes over and above 
$214.00 per year. The French relied upon the property 
tax for their revenues. Many French cities still levy the 
mediaeval octroi customs or tolls. 

The Cities a Factor in Democracy. The European cities 
grew especially during the Industrial Revolution. The city 
man was usually a worker in a factory or shop. Congre¬ 
gation enabled men to discuss public and civil problems and 
to exchange their views on government and its methods. 
This fact is accountable to some extent for cities to be hot¬ 
beds of democracy and socialism. 

Government Omiership of Public Utilities. Present gov¬ 
ernment drifts towards public ownership of utilities. In 
the United States the railways have been built and main¬ 
tained by private capital. England also tolerates private 
ownership under strict government supervision. France 
has roads which are privately owned; when their present 
charter expires the government will take them over and run 
them. State owned railways exist in Belgium, Switzerland, 
Italy, Austria, Russia and Germany. Passenger rates are 


DEMOCRACY AND CITIZENSHIP 


49 


lower in Europe than in the United States, while the freight 
rates are slightly higher. Canals, docks, wharves and har¬ 
bors are run by the government in Europe which constitutes 
a source of revenue. Germany and Russia retained the 
public forest. 

The present tendency seems to favor government owner¬ 
ship of public utilities. Under present methods government 
ownership must be doomed to failure for want of honest 
application of its principles. The rapacious greed for 
wealth and worldly possessions must be eradicated before 
government ownership can be a success. Modern civiliza¬ 
tion is a product of commercialism, and commercialism 
and the exploitation of the masses must be eradicated to 
make democracy a success. 

Social Welfare Work of Modem Civilization. Modern 
civilization has undertaken many tasks in favor of the 
general masses. Social insurance, accident insurance, old 
age pensions, permanent disability or death insurance, in¬ 
surance against unemployment were all tried in Europe. 
They were made necessary by the low rate of wages there 
existing. The American practice in these matters is up 
to the individual. European states have made insurance 
compulsory in some instances and will pay part of the 
premium in order to make it possible. Germany and Eng¬ 
land have clearly defined systems of insurance, collateral 
to laws dealing with poverty and pauperism. The cities 
do provide for labor exchanges and not the government, 
as part of the program of civic relief. The United States 
lacks in this respect, but as control of the means of pro¬ 
duction progresses these steps will be forced upon the pub¬ 
lic as a general, but necessary evil. 

International Relations. Modern civilization was born 
of commercialism which imparted a distinct character to 
international relations. Commercial advantage was the 
ever luring factor and the motive force of its dealings. 

The control of the source of raw materials for the home 
manufactures and the market for the finished product was 


50 


DEMOCRACY AND CITIZENSHIP 


the dynamic principle of diplomacy from the beginning of 
the colonial period. Secret and cunning diplomacy was 
the European statesman’s main power to secure the ends 
above indicated; to enlarge the citizenship role came next 
in order. 

In their clash European policies showed on the whole 
a brute disregard for the rights of small nations. The 
new-born American democracy clashed with England on the 
doctrine of perpetual allegiance. The Napoleonic wars 
brought the continental blockade from France and the 
Orders in Council from England. Through the above these 
countries tried to cut off their adversary from his sources 
of supply. England went as far as to forbid American 
trade from any country from which England was excluded. 
The American answer was the “embargo act” which was 
later substituted by the “non-intercourse” act. The late 
war of 1914 brought a new phase of international abnor¬ 
malities. Against all previous conception of international 
blockade, the Germans and the British manipulated its 
interpretation to conform it to modern warfare; in trying 
to prevent supplies from reaching the enemy they forced 
issues upon neutral nations hitherto unknown. England 
invaded the rights of international mail service. Germany 
went further with its submarine blockade. These points 
show clearly the abnormalities of international law. The 
European theory is out of harmony with the American 
theory and practice of international law, because it rests 
upon a different principle; the former typfies commercial¬ 
ism; the latter democratic freedom and self-determination 
of nations. The two are in conflict and it remains for 
future democracy to lay down laws and principles for the 
guidance of nations or leagues of nations and their relation 
outside of such leagues in war and peace. 


DEMOCRACY AND CITIZENSHIP 


51 


PART m. 


DEMOCRACY AND POLITICAL SCIENCE. 

Forms of Government and Their Merits. 

It would be well to consider here forms of government, 
present and past, and their merits, in order to draw a con¬ 
trast between these and democracy. 

Monarchy. The original form of the monarchy must 
be considered as a one-man rule. The monarch’s opinion 
was law and from his decision there was no recourse. The 
present day monarchy has ceded constitutional rights to the 
people and assumed the form of constitutional or limited 
monarchy, still existing in many European states. 

Oligarchy. The rule of several men is called an 
oligarchy. This form was common to the classic limes 
when several men established control over public affairs. 
Under the limited monarchy or constitutional government 
oligarchy has ceased to exist. 

Plutarchy. The rule of the wealthy minoritT' for their 
own interest. While it must be stated that this form 
of government was more common to the classic times, rem¬ 
nants of such theory 'are still in practice in some form 
or other. Control or legislation or government by a 
wealthy minority can be called but a financial plutarchy 
and cannot stand in harmony with the present conception 
of democratic government. 

Aristocracy and Aristocratic Government. The rule of 
the nobility. This notion of government also had its origin 
in the classic times. It is based on the presumption that 
the nobility as a rule usually possessed superior education 
and therefore was better fitted to carry on government for 
the benefit of the masses. The opinion was well rooted 
in the minds of the people. The early history of the 
United States shows that its founders were very much in 



52 


DEMOCRACY AKD CITIZENSHIP 


favor of this form of government and had no intention of 
establishing the government now existing. Human habit 
of striving for control has perverted this as any other form 
of government for the sake of personal control and benefit. 

Absolutism. It is the monarchy in its strictest form. 
It can best be characterized in the words of Louis XIV of 
France: “L’etat c’est moi.” (The state, it is I.) This form 
of government held sway in Europe in the 16th, 17th and 
18th centuries and was finally replaced by constitutional 
government. 

Tyranny. This word comes from the Greek and must 
be interpreted as illegal or illegitimate rule; it is also 
defined as despotic, arbitrary and cruel rule. This form 
was more common to the classic times. 

Republicanism. Originally the rule of the people. It 
now stands for representative government. It refers more 
to the form than to the spirit of government. 

Democracy. It also stands for representative govern¬ 
ment, but refers more to the spirit than to the form of 
government. 

Theocracy. This form recognizes as the ultimate source 
of sovereignity some superhuman being. 

We might do well to consider here the successive steps 
and transitions of government, leading up to the evolution 
of modern representative government. 

Old or Classic Democracy a Failure. The Grecian form 
of democracy was untenable and defeated its own purpose 
by limiting citizenship. Rome, who followed its footsteps, 
extended citizenship more liberally by stress of circum¬ 
stances. The rapid conquests of the Roman empire incor¬ 
porated a waste alien territory, reducing its population to 
slavery and thereby liberating land for distribution. The 
outcome was the creation of strong financial and aristo¬ 
cratic interests, factors which finally seized the reins of 
government and made the establishment of the principate 
possible. With the destruction of the Roman empire,. 


DEMOCRACY AND CITIZENSHIP 


53 


monarchy went riot. To the Church is due the credit of 
preserving the old Roman historic records. The con¬ 
version of barbarian hordes to Christianity laid a new 
stone on the abandoned ground work of democracy. Soon 
we see newly converted kings bowing to the pope of Rome 
as their overlord. 

Feudalism. Charlemain’s public crowning at Rome 
initiated the period called feudalism. This transition had 
its source in the religious fervor of the newly converted 
Germanic lords. The Church’s benefits entailed the tacit 
duty of protecting vassals against the aggression of the 
overlord. It did this nobly and European history reveals 
a vigorous struggle against tyrant kings. 

Downfall of Feudalism. This interference of the Holy 
See soon became irksome to the monarchs and in a series 
of disputes and struggles they freed themselves of the Holy 
See. In this struggle the monarchs enlisted the aid of the 
common people. The king’s power gathered considerable 
strength thereby and made the downfall of feudalism and 
the birth of modern constitutional government possible. 
(France, England, Poland.) 

Absolutism. This was followed by a vigorous struggle 
between absolutism and constitutional government. In 
England constitutional government gained the upper hand, 
while absolutism was victorious in France, Austria and 
Russia. The methods of the enlightened despots could 
not find favor with the masses, and called forth a protest 
in literature and science. 

INDIVIDUALISTIC AND SOCIALISTIC THEORY 
ON GOVERNMENT. 

A school of writers in pointing out the evils of abso¬ 
lutism went as far as to declare all government as defiled. 
This teaching took root gradually, and greatly contributed 
to the revolutions of the 19th century. A relapse had to 
come. A new school of social writers initiated the so- 
called socialist movement, claiming sovereignity of the 


54 


DEMOCRACY AND CITIZENSHIP 


State in everything, giving the government power to reg¬ 
ulate and direct every phase of public life. 

Representative government is now well established, but 
the demarkation of democracy is not yet clearly defined. 
It is preached from the soap box and the pulpit alike; 
glowing ideals are set up in beautiful orations and speech¬ 
es, but actual practice seems to be wanting. The follow¬ 
ing chapters will attempt to treat democracy in an ideal¬ 
istic sense, pointing out defects, calling forth new sug¬ 
gestions, keeping ever in mind the lofty ideal of mankind, 
emancipation of men, spiritually, intellectually, and phys¬ 
ically. It now remains to find the way to ideal democracy. 

THE FUNCTIONS OF STATE. 

Ancient Conceptions of State Functions. Ancient na¬ 
tions considered the functions of the state to be the end, 
rather than an instrumentality to the organization of 
society. No individual, nor any part of his life was out¬ 
side of the intrusion of the law. The legislation of the 
Hebrew, Greek and Roman nations were minute in details 
in regulation of human life. The individual interest was 
subservient to the general interest of the state. 

Modern Conception of State Functions. Modern polit¬ 
ical theory considers the state as an institution, an agency 
or instrumentality through which the collective ends of 
society may be realized. The end or purpose of society 
may be classified as follows: 1. The primary or immed¬ 
iate aim, the development of national power. 2. The 
secondary or ultimate aim, the maintenance of individual 
liberty, the promotion of social progress and legislation. 

Civilization the Highest Aim of the State. The pro¬ 
motion of civilization must be considered as the highest 
aim of the state. This view is the opinion of the most 
prominent political writers on political science. But what 
is civilization? Fool and sage have tried their wits at in¬ 
terpreting civilization. The churchman will measure civ¬ 
ilization by the number of churches and the amount of 


DEMOCRACY AND CITIZENSHIP 


55 


religious zeal; the schoolman would measure civilization 
by the number of educational institutions, institutions of 
learning and the number of persons able to read and 
write. One professor classified civilization by the amount 
of soap used within a specified time. We would measure 
civilization by the number of laws and institutions (civic 
enactments), tending to throw progress (physical, mental 
and spiritual), in the path of every man, however humble. 
The ultimate aim of mankind is perfection (if perfection 
is possible), inward and outward; and the perfect mani¬ 
festation of the golden rule. When such civilization has 
v/on the love of men, true democracy will spread its bene- 
ficient rays over heaven and earth; the much prophesied 
millenium will create an earthly paradise, and Christ’s 
kingdom on earth will be an accomplished fact. 

Classification of State Functions. The classification of 
state functions may be reduced to the following: 

1. Essential or normal functions, comprising the main¬ 
tenance of internal peace, order and safety, the protection 
of persons and property, and the preservation of external 
peace and order. 

2. Natural or normal functions, as the operation of 
postal systems, the maintenance of scientific and statistical 
bureaus, public construction of roads, levees, dikes, irriga¬ 
tion works, harbors, wharves, protection of public health 
and morals, education and help for the poor and helpless. 

3. Neither natural nor necessary functions. This in¬ 
cludes the operation of telephones and telegraphs, rail- 
w'ay traffic, manufacture and distribution of gas and light, 
the maintenance of theatres, pawn shops, bath houses, pub¬ 
lic rooming houses, etc. 

No Fixed Limits to the Functions of the State. While 
political writers generally hold to the above classification 
it is not sanctioned in practice, and, by natural law, there 
is no fixed limit to the pov/ers of the state; there is no 
limit between legitimate and illigitimate state functions, 
and there cannot be formulated any general rule to con- 


56 


DEMOCRACY AND CITIZENSHIP 


trol the activities of the state. Police power cannot be 
the only power or sole mission of the state. It should en¬ 
courage literature, art, finance; it should be an instrument 
of spiritual, mental and social progress. There is an agree¬ 
ment among social writers “that freedom should be the 
rule, and interference the exception.” Kant says, “The 
liberty of every individual, of every member of the state 
as a man is a first principle of the commonwealth,” In 
general the individual must be left alone in shaping his 
own conduct according to his own judgment and discretion. 
Help may be preferred, or public intervention undertaken 
when clearly productive of public advantage and welfare. 

CITIZENSHIP. 

Affiliation a Natural Necessity. Man left to himself 
could not cope with the problems of nature and would 
return to the nature of the beast. Therefore it is a nat¬ 
ural necessity for men to congregate and combine in their 
battle with the elements of nature. 

Self-Determination, Affiliation and Obligation. Man 
has the inalienable right to determine for himself his own 
course; he has the inalienable right to choose his own 
affiliation to work with, for his own and the public good. 
Such a decision to be really efficacious must come of his 
own good will; with such decision the individual tacitly 
accepts the obligation to abide by the rules and regulations 
of the chosen affiliation or organization. Such is the 
origin of citizenship under democracy. This theory is in 
opposition with the ancient conception which considered 
the individual subservient to the state, with the theory of 
perpetual allegiance which proved the bone of contention 
between the United States and England, with the common 
practice in vogue in European countries until recent date. 

Definition of Citizenship. Aristotle defines a citizen 
as one who shares in the government and is entitled to 
enjoy its honors. Modern theory and practice does not 


DEMOCRACY AND CITIZENSHIP 


57 


identify the rights of citizenship with political privilege. 
The definitions of the term citizen vary greatly in the 
opinion of political writers. A definition given by the 
United States Supreme Court may be quoted here: “Citi¬ 
zens are members of the state to which they belong; they 
are the people who compose the state and who in their 
associated capacity have established or subjected them- 
selevs to the dominion of a government for the promotion 
of their general welfare and for the protection of their 
individual as well as their collective rights.” 

Several foreign languages have appropriated terms to 
distinguish citizens with full political rights from those 
who do not possess such qualifications. The English term 
for citizenship does inadequately express the meaning and 
classification. The term subject is related to feudalism 
and absolutism and expressed the relation of the ruler 
and the ruled. The term elector does not convey a strict 
classification of citizenship. The possession of electoral 
privileges is not essential to citizenship and there is no 
necessary connection between them. Were the term citi¬ 
zen restricted to such as enjoy full political and civil rights 
and a different term used to designate all others, it 
would greatly help to remove misconception and confusion. 

Acquisition of Citizensliip. Past and present practice 
controlled the acquisition of citizenship by the laws of 
“jus sanguinis” and “jus loci” or by grant or conferment 
by the state. The law of “jus sanguinis” is applied when 
the nationality of the child follows the nationality of the 
parents or one of them; the “jus loci” when the nation¬ 
ality is determined by the place of birth irrespective of 
nationality and of the parents. The first law was incorporat¬ 
ed into the Greek and Roman law. Feudalism emphasized 
the doctrine of personal allegiance to a sovereign. This 
idea was followed by the idea of territorial sovereignity 
and with it the “jus loci” became a decisive factor in 
citizenship in continental Europe. The incorporation of 
Roman law into European law brought about its displace- 


58 


DEIViOCRACY AND CITIZENSHIP 


ment by the “jus sanguinis” in northern Europe, England 
and Latin America. 

Eligibility to Citizenship. While we uphold the right 
of the individual to decide upon his affiliation for his own 
and the public good, we must also uphold the right of 
any association, society or organization or state to admit 
only such as seem desirable. Such association possesses 
the same rights as the individual, and the relation must 
be decided by mutual consent. To use force or coercion 
must be repudiated as contrary to democratic spirit and 
teaching, and any relation entered into against the will or 
consent of either party must appear out of order. The 
application must be voluntary and the grant free from 
political manipulation or coercion. This rule would con¬ 
tradict the right to annexation of territory against the will 
of its inhabitants, as well as many other methods in actual 
practice in the past and present. 

• The Grant of Citizenship. We demand of the alien 
applying for citizenshiip that he foreswear the country of 
his birth; we demand to know of him whether he would 
be willing to become a good and useful citizen, and we 
grant him citizenship upon his pledge of loyalty to the 
country, and to the flag. What of the oncoming native 
born citizen? Should we not also grant to him the rights 
of citizenship and the benefits of the franchise upon his 
pledge to country and flag? 

When an alien is naturalized he should be granted full 
and equal rights with the native-born without any dis¬ 
tinction. When a naturalized individual resides over five 
years in a foreign country he loses his Amercan citi¬ 
zenship. Why not apply this rule to the native-born? 
Why make rules for the naturalized which would not be 
valid for any of his peers by adoption? 

One Citizenship In One Country at Any One Time. It 
should be established under international law that any 
one man could hold citizenship in one country only at one 
and the same time. Individual claims or diplomatic 


DEMOCRACY AND CITIZEKSHiP 


59 


claims of citizenship for individuals have involved or 
threatened to involve countries into serious difficulty 
over this very point. We refer here only to the Orsini 
affair and the case of Don Pacifico in Greece. The appli¬ 
cation of both the “jus sanguinis” and the “jus loci” be¬ 
come an absurdity when we consider the laws upon which 
democratic citizenship should rest. It any one individual 
should leave one country and apply for citizenship in 
another the latter should notify the former of such action 
and petition for his release, to avoid probable international 
troubles. This is one point any country might well con¬ 
sider to prevent further conflict. 

The right of self-determination should be granted first 
of all, the rights of organized or collective society are 
subsidiary and secondary in order. 

Should any individual (intentionally and knowingly) 
by his own act jeopardize the peace of his country, he 
should by this very act cancel his citizenship and this 
knowledge should be forced upon every citizen. Such 
rule could be established under national and international 
'law as a measure to forestall any action based upon in¬ 
dividual aggression. 

DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

There are two theories on the distribution of the 
powers of government—the trinity theory and the dual 
theory. The former would place the legislative, the 
executive and the judiciary in distinctly different hands, 
while the latter would advocate the union of the legisla¬ 
tive and the judiciary. The duality principle is accepted 
by the French, while the trinity theory finds more favor 
with the English and American writers. The early con¬ 
stitutional provisions of the United States made a distinct 
provision for the separation of the legislative and execu¬ 
tive powers. The decisions of the United States Supreme 
Court affirmed the trinity principles in a singularly clear 
decision. 


60 


DEMOCRACY AND CITIZENSHIP 


The separation of these powers, however, cannot be 
absolute. They must interlink in operation. This is ad¬ 
mitted by the most noted writers on the question; all con¬ 
tend that absolute independence of the departments is 
impracticable. 

The legislative is a repository of many powers and 
should prove the strongest by nature. The executive comes 
second in order. Its influence upon the legislative and 
judiciary assumes a marked character, calculated to check 
and modify either. The judiciary, while being the weak¬ 
est of the three, exerts a considerable influence over the 
first two. In many cases it sits in judgment upon the 
action of the legislative and the executive. 

While this separation into three powers is of a dis¬ 
tinct advantage, a closer union seems desiirable. The 
legislative body many times ordains acts and ordinances 
in distinct or apparent opposition to the adopted constitu¬ 
tion or individual rights granted under the constitution. 
Such act or ordinance is submitted to the chief executive 
for ratification. Why not submit such proposed law to 
the supreme judiciary body also for test as to its consti¬ 
tutionality? True, it may be argued, that this may give 
rise to petty graft and corruption; it may also be 
argued that a test before promulgation may save consider¬ 
able time, effort and money. If a harmonious co-opera¬ 
tion can be secured between the three powers for the good 
of the masses, the true end of democracy can be said to 
have reached a certain degree of perfection. 

THE LEGISLATIVE. 

The legislative is the prime power and the other two 
evolved from it as a logical consequence. Lawmaking is 
a task of great magnitude; great results follow in its wake 
for good or evil; therefore it should be surrounded by all 
possible safeguards to insure its success. 

Systems of LegLslation. The legislative system may be 
classified into unicameral and bicameral systems. The 


DEMOCRACY AND CITIZENSHIP 


61 


unicameral system has been supplanted by the bicameral 
system, where ever the former has been attempted. The 
idea of the bicameral system originated with the Anglican 
races and has been accompanied with a certain amount 
of success. The advantages of the bicameral system may 
be stated as follows: 

1. It serves to place a check upon hasty, rash and 
ill-considered legislation. 

2. It serves to protect the legislature against its own 
errors of haste and impulse, and affords a certain amount 
of protection against the despotism of a single chamber. 

3. It affords a convenient means of balancing the in¬ 
terests of the different groups, classes and interests of the 
states and federations. 

The Organization of the Legislature. The legislature 
is held to be supreme as to its own organization, result¬ 
ing from the very purpose of its meeting. Legislatures 
are not always efficient or mindful of the public interest 
or the public good. Extravagance in expenditure and 
rivalry in making a record at passing statutes has brought 
many a legislature into disrepute. To stop or check such 
apparent evils some writers propose to determine an effi¬ 
cient, economical and effective organization by constitu¬ 
tional amendment. Whether the advantages would out¬ 
weigh the disadvantages remains a question. 

To increase and eliminate evils incident to legislation, 
new methods might be pointed out. The representative 
should clearly represent the will of the people, or the con¬ 
stituency. To insure this, the governor or president in 
calling the legislature, should specify a time wherein pros¬ 
pective bills should be filed. After the expiration of such 
time no new bills should gain the privilege of presenta¬ 
tion; the legislature should consider only bills filed within 
the allotted time. Enough time should be allowed for 
publication and consideration of the proposed measures 
by the people. How else could the constituency impress 
the representative relative to proposed legislation? 


62 


DEMOCRACY AND CITIZENSHIP 


The representative is not always able to put a pros¬ 
pective bill into proper form for presentation at the legis¬ 
lature. It has been proposed that the executive main¬ 
tain a bureau of statistics, relating to dates and figures of 
proposed legislation, even furnish indiscriminately the 
necessary help to the representative to put his proposed 
measure into proper form. 

Legislation by Initiative and Referendum. Legisla¬ 
tion by initiative and referendum have played a consider¬ 
able role of late years. Could legislation be submitted 
to the people generally for ratification, it would check to 
a certain degree lobby activities, the buying and selling 
of support on the fioor of the legislative halls, and dis¬ 
pense with the veto power of the executive. In general 
such procedure would prove impracticable and cumber¬ 
some, if applied indiscriminately. It has, however, a 
distinct advantage in cases where knowledge of public 
opinion has been wanting. It certainly would meet with 
public favor could it be practically applied. 

Constitutionality of Laws. The constitutionality of 
laws is a vital point in legislation, but often sadly neglect¬ 
ed. Efforts should be made to ascertain the constitution¬ 
ality of the law before its promulgation. For that pur¬ 
pose the executive might be called on to furnish through 
its departments the necessary data, facts and records 
desirable, while the measure is under consideration. The 
judiciary might be called upon to look into the constitu¬ 
tionality before its promulgation. Such tests of the law 
would undoubtedly eliminate considerable time, efforts 
and expenditures. 

Publication of Passed Measures. Proposed and passed 
legislation should receive the widest publicity. No pains 
should be spared to impart the knowledge of legislation to 
any and every individual. This could go as far as to 
sending a synopsis thereof to every voter or citizen. No 
majority should assume the right to arraign a minority 


DEMOCRACY AND CITIZENSHIP 


63 


Without first notifying the latter of its intent and will. 
Newspaper publication alone does not satisfy the end and 
purpose in view. 

REPRESENTATION, THE ELECTORATE, 
METHODS OP CHOICE. 

Democratic government is essentially a government by 
representation. The chosen representative represents his 
constituency at the legislature. 

Does the representative really represent the will of the 
constituency? Unless he does, there can be no talk of true 
democracy. By further scrutiny we may ask: 

1. What steps are taken by the representative to learn 
the will of the people on proposed legislation? 

2. What measures are taken to bring representative and 
constituency together in an open and fair exchange of views 
on proposed legislation? 

3. What measures are taken to bring representative and 
constituency in touch during the session of the legislature to 
guide the former in his duties at representation? 

4. What should his attitude be towards parties opposed 
to his election, toward the majority and minority party, 
towards lobbies formed to promote certain interests, etc.? 

These questions are of utmost importance. They are 
pointing out avenues, leading to the central power for good 
or evil. If adequate measures are taken to regulate the 
issues pointed out, there would not be the annoying fre¬ 
quency at recall. 

INSTRUCTED OR UNINSTRUCTED REPRESENTATION. 

The early representation was a system of instructed del¬ 
egation to negotiate relief of certain grievances. The trans¬ 
formation was fairly complete in the 16th century. An 
abrupt transformation took place in the 18th century, when 
the constitutional assemby declared the representative to be 
the representative of the people. The opinion as to the 


64 


DEMOCRACY AND CITIZENSHIP 


value of instructed representation is still divided. To re¬ 
duce the representative to a mere agent for negotiation of 
relief is to return to mediaevalism. To entrust him im- 
plicity and unreservedly with the task of legislation would 
be running into the opposite extreme. The representative 
must be granted certain freedom and liberty of action; but 
he must also be found to register the opinion of the con¬ 
stituency and be responsible to them to a certain degree. 
There are, however, serious difficulties which can not be 
lightly overcome. The representative should not lightly 
regard the will of the constituency. The latest tendency 
is to register the will of the people, whether his conscience 
and judgment approve or not. The triumph of democracy 
will not be established until convenient and efficient meas¬ 
ures are designed to control representation by the people, 
and all obstacles in its way are conquered and removed. 

Apportionment of Representation. Representation, ap¬ 
portioned according to property possessions, has been aban¬ 
doned in favor of the apportionment as to population. Such 
apportionment varies with the different countries. The 
methods of choice are carried out by the electoral dis¬ 
tricts or by choice from the state at large. The experience 
of nations is in favor of the district plan. The use of both 
plans, side by side, one for the lower and one for the upper 
house, is advocated by many writers. The chief advantage 
of the district plan seems to be the insurance of the repre¬ 
sentation of the minority party. The objections to the dis¬ 
trict plan may be stated as follows: 

1. The district plan narrows the choice and leads to the 
selection of inferior men. 

2. The district system leads to a choice of men who 
represent the interests of the district rather than the inter¬ 
ests of the state at large. 

3. The district plan increases the temptation of legis¬ 
lative majorities to give the majority party more representa¬ 
tion than it is entitled to. 


DEMOCRACY AND CITIZENSHIP 


65 


The use of both plans, side by side, would plainly dimin¬ 
ish the evils of both, while combining apparent advantages. 
This course is now advocated by every prominent writer on 
political science. 

Direct and Indirect Methods of Choice. The method of 
choice may be by direct and indirect election. The direct 
method is favored as against the indirect method, which 
tends to degenerate into a cumbersome formality, where- 
ever party systems are well developed. In Prance and the 
United States the indirect method has been substituted by 
the direct method, after varying experiences gained in elec¬ 
tive methods. The application of both methods, side by 
side, is still in vogue in certain countries. 

Qualification As an Elector. The early history of 
democracy shows that possession of property was a neces¬ 
sary requirement for the qualification as an elector. The 
argument in favor of retaining property possession as a 
lawful requirement to becoming a voter is still strong in 
many quarters. The arguments in favor of it may be sum¬ 
med up as follows: 

1. Property is a prima facie evidence for certain legis¬ 
lative fitness, as it is a practical demonstration of the 
ability of the owner. 

2. The man is likely to have more time to devote to 
legislation. 

There are serious objections to be raised against the 
above arguments of which we may quote the following: 

1. The possession is not always prima facie evidence of 
ability, intelligence or integrity; nor is the lack of it con¬ 
clusive evidence of unfitness. 

2. The property test would often deprive the state of 
the service of many well equipped, able and patriotic citi¬ 
zens. 

3. The danger is always at hand to enact class legisla¬ 
tion in favor of property holders. 


66 


DEMOCRACY AND CITIZENSHIP 


There are, however, certain rules for disqualification 
which are now generally accepted as debarring individuals 
from voting. 

METHODS FOR SECURING IVUNORITY 
REPRESENTATION. 

1. The limited plan, when each voter is entitled to a 
partial number of votes of the number of legislative mem¬ 
bers to be elected. 

2. The cumulative method, when the voter is allowed as 
many votes as there are members to be chosen. He may 
distribute his votes equally or give all his votes to one man. 

3. The preferential system; the voter is entitled to a 
limited number of votes and indicates his choice. 

4. The free list system. The voter may nominate a 
number of candidates equal to the number of places to be 
filled. The total vote is divided by the electoral quotient 
and the result is the number of representatives to which the 
party is entitled to. Deficiency is supplied by the party 
having the largest quota. 

Class Representation. The idea of class representation 
or representation of interest originated in the early period 
of representative government. It was a distinguishing 
characteristic of the early representative government and a 
survival of the mediaeval system, consisting of three estates 
(nobility, the clergy, and the commons). Some states have 
carried the idea further by adopting more than three classes, 
as the nobility, clergy, townspeople, and the peasant class 
(Sweden until 1866 and Finland until the Russian annexa¬ 
tion). There are writers who advocate class representa¬ 
tion, while others characterize it as an illusion and a false 
principle. 

Universal Suffrage. Universal suffrage is regarded as a 
natural right of all men. In practice, however, it is re¬ 
jected for the restriction of wise and judicious exercise of 

\ 


DEMOCRACY AND CITIZENSHIP 


67 


the franchise. Universal suffrage would entail woman suf¬ 
frage, which privilege is necessary for self-protection. 
Political enfranchisement should be followed .by civil en¬ 
franchisement. No writer would ever doubt that woman 
suffrage would introduce a purifying element into civil and 
political life. The objections against woman suffrage are: 

1. It would degenerate feminine qualities. 

2. It would introduce discord into the home. 

3. Military service is a condition of the franchise. 

4. The majority of women do not desire the franchise. 

These objections are exaggerated and cannot outweigh 

its advantages and woman suffrage stands as a progressive 
step towards civilization and ideal democracy. 

THE EXECUTIVE. 

Under executive povrer we conceive the totality of all 
government agencies which are concerned with the execu¬ 
tion of the will of the state. The executive power may pre¬ 
sent many forms. In the United States the President con¬ 
stitutes the executive power. In Great Britain, the cabinet, 
while the Crown is the nominal or titular executive. The 
collegiate principle is typified in the Roman organization; 
the only modern plural organization we find in Switzerland. 
Modern theory and practice favors single organization of 
the executive power as the plural executive tends to con¬ 
ceal faults and to shift responsibility. 

Delegation of the Executive Power. The essential law 
of the executive power is unity. The power must be dele- " 
gated and distributed among subordinate authorities to 
comply with the demands of the modern complex state or-_ 
ganization. 

The idea of associating with the executive a council is 
representative to a more or less degree in England, Ger¬ 
many and France. No objection could be raised against 
a mere advisory council to the executive department. The 


68 


DEMOCRACY AND CITIZENSHIP 


performance of the task of administration often requires 
the advice of highly technical and special knowledge. Such 
knowledge the executive rarely possesses; hence the advan¬ 
tage of an advisory council. The ultimate decision ought to 
rest with the executive. 

Choice of the Executive. The executive may be chosen 
and vested with the powers of office: 

1. By the hereditary principle. 

2. By the direct vote of the people. 

3. By indirect election by a body of intermediate elect¬ 
ors, either elected themselves, or chosen by some branch, 
of the legislature. 

The hereditary principle is a relic of monarchial govern¬ 
ment. Before the rise of modern government this form was 
almost universal. It still survives, but is rather tolerated. 
Hereditary tenure of office seems no longer to be in keep¬ 
ing with the idea of popular government. The hereditary 
executive of today is rarely the actual chief, but only the 
titular head. The direct principle of popular vote is ap¬ 
plied in Bolivia, Brazil and Peru. France and the United 
States apply the indirect principle of choice. The direct and 
the indirect methods of choice are more in keeping with 
the spirit of democracy. There are objections against the 
application of the principle of popular choice, the most im¬ 
portant of which seems to be the incompetency of the 
masses to judge intelligently of the qualifications of the 
candidate for so important an office. The indirect election 
seems to be a convenient means of avoiding tumults and 
convulsions, at the same time narrowing the choice and 
thereby producing a better selection. 

Powers of the Executive. The powers of the executive 
are to regulate: 

1. Foreign relations and its conduct, or diplomatic 
power. 

2. Execution of laws and administration of government. 


DEMOCRACY AND CITIZENSHIP 


69 


3. Military power, command of army and navy. 

4. Judicial power of the executive which consists in his 
discretionary powers. 

5. Legislative power of the executive which consists 
in the power to propose and recommend legislative meas> 
ures. 

Temptations of tlie Executive. The temptations in the 
way of the executive are many. Strong partisan views may 
lead the executive to favor his own party, with government 
patronage either by himself or by subordinate officials. This 
is the most common fault where the chief executive power 
is vested in one person (midnight appointments). The coup 
d'etat has been often employed to overthrow democracy, to 
establish an oligarchy or monarchy as the case may be 
(Louis Napoleon III and Latin America Repubics). This 
case is less frequent but the danger is always at hand. 

The executive can only exercise such powers as are con¬ 
ferred upon him by the constitution. Whenever he trans¬ 
gresses the scope of his powers he becomes a despot, a 
tyrant. He may not always personally violate the consti¬ 
tution, but be only the tool of the party, crowd, or clique 
of men, conspiring for their own good. 

The first of the American presidents set a noble example 
by his refusal of a third term and his refusal to mix into 
politics which are rare virtues and should find immitation. 
The president should at all times remember that his services 
belong to the people and all parties alike, and not to a 
special party or association. 

JUDICIARY POWER. 

The judiciary power is indispensible in order to ascer¬ 
tain rights, decide disputes over rights, punish transgres¬ 
sion and protect the innocent from injury and transgression. 

The independence of the judiciary is essential to pro¬ 
tect the constitution, as the constitution would protect the 


70 


DEMOCRACY AND CITIZENSHIP 


citizens of the state and nation. Personal security and the 
enjoyment of rights are mainly dependent upon the judic¬ 
iary branch of the government. 

Appointment of the Judiciary. The judiciary may be 
chosen by the legislative, by popular election or by appoint¬ 
ment of the executive, with or without the concurrence of 
a council or the legislature. The appointment by the legis¬ 
lature may lead to party favoritism and cannot be com¬ 
mended. Between the appointment by the legislature and 
the appointment by the executive in concurrence with the 
legislature the latter is favored to serve better the ends of 
justice. Both systems have been abandoned in favor of 
popular election. Of all methods in use the executive ap¬ 
pointment is favored by social and political writers. 

Tenure of Office. The tenure of office is applied in 
various forms, in theory and practice. The early practice 
applied the good behaviour tenure for the higher judicial 
offices and was adopted constitutionally for the federal of¬ 
fices. Short tenures became part of the movement of the 
19th century. Elective contests for judicial offices often 
were responsible for party politics. 

Removal of Judges. Removal of judges in the United 
States is brought about by impeachment. Arbitrary removal 
is dangerous and destructive of the public good. Adequate 
compensation of judges is one of the remedies to gain and 
to hold good judges, and the best security for right and 
justice. 

Relation of the Judiciary and Legislative. The legisla¬ 
tive exercises at times a marked influence over the executive 
or legislative power. It can annul the acts of the legislature 
or decide against the executive branch in civil cases. The 
judiciary should, in the opinion of many writers, be called 
upon to decide the constitutionality of laws before sending 
them on to the executive for ratification. 

Judicial Organization. The collegiate principle is fav¬ 
ored to the one-man organization. The judicial organ!- 


DEMOCRACY AND CITIZENSHIP 


71 


zation in the federal states and their relation to the state 
must be well considered and organized to avoid conflicts 
and contradictions for the good of the Union. The one 
danger to guard against is the establishment of judge-made 
law; it would certainly be destructive to the general prin¬ 
ciples of democracy. Intervention is often necessary and 
advisable as regards the relation of the powers of state, but 
the legislative must control the other two if democratic 
principles are to prevail. 

Court Procedure. Court procedure of today seems some¬ 
what in need of reform. Court procedure should be calcu¬ 
lated to bring out the truth. The procedure against the 
accused is often subject to frightful abuse. It seems that 
the very accusation of the individual is accepted as license 
to subject this same individual to astonishing deeds of law¬ 
lessness in the name of the law. What would you think of 
the arrest of a man in order to search his belongings for 
the purpose of abstracting valuable papers, bills, receipts, 
contracts? What would you think of the arrest of a man in 
order to plant prospective evidence in order to gain certain 
ends? What would you think of the arrest of a man in 
order to remove him from the path of certain interests? 
Partisanship is usually better organized in states than 
throughout the nation and usually fostered evils as indi¬ 
cated above. In these cases the federal government should 
have a more liberal power of intervention. 

The accused must give bond for his appearance in court 
or submit to confinement for safe keeping. This procedure 
is on its face in favor of the rich and works hardship on 
the poor. Why not apply bail parole? Some system must 
be devised if justice of democratic conception is to be meted 
out. The appeal requires bond for the necessary cost, in 
case the suit is lost. The advantage here is also in favor 
of the rich who never hesitate to appeal on the most trivial 
grounds. Right here seems personified in might, the law of 
the feudal ages. 

The method of judiciary procedure should be made more 


72 


DEMOCRACY AND CITIZENSHIP 


common, the same as parliamentary law, to enable con¬ 
testants to settle their difficulties out of court whenever 
possible. The multiplicity of statutes makes dispensation 
of justice extremely difficult. Conflict or apparent conflict 
of statutes encourages litigation with all its evils and sor¬ 
rows. These defects must be remedied if democracy is to 
bring to human society the blessings of any orderly organi¬ 
zation. 


DEMOCRACY AND CITIZENSHIP 


73 


PART IV. 


DEMOCRACY AND POLITICAL ECONOMY. 

Political economy is concerned with, those principles 
which regulate production, distribution and exchange of 
wealth. 

Wealth may be defined as any commodity having an 
exchange value. The requisites of production are capital 
(results of savings) and labor (the natural agent). Pro¬ 
ductive labor is that which produces utilities, fixed or 
embodied in material objects. Capital is accumulated 
wealth, saved with the object of assisting production. The 
money expended for luxuries cannot be designated as cap¬ 
ital. Increased production of wealth implies an increase 
in capital and therefore an increase in saving which may be 
due to foresight and a desire for profits. The desire to 
accumulate wealth is a great motive to increase capital. 

IDEA AND LAWS OF PROPERTY. 

“All men are created equal and endowed by their 
Creator with certain inalienable rights, that among these 
are life, liberty and the pursuit of happiness." (Declara¬ 
tion of Independence.) Pursuit of happiness includes the 
right to acquire, and own property, and to defend the 
same against any and all intruders. Distribution of 
wealth also implies the idea of property possession and 
could not exist without it. 

What Constitutes Property. Property may imply the 
possession of land, city property, manufacturing or mer¬ 
cantile stocks or establishments, or stocks or bonds issued 
by individuals, corporations or states. 

Great Importance of Property Right. To King Louis 
XIV of France is ascribed the saying: “Give me the land 
and I will make the people my slaves." The utterance is 



74 


DEMOCRACY AND CITIZENSHIP 


significant. Every manufactured product, every mercan¬ 
tile ware, all wealth has found its source in the land, the 
soil from which nearly everything can be derived. It is 
therefore the land that will occupy our immediate atten¬ 
tion. 

Let us here point out some essential facts in order to 
gain a thorough understanding of this subject. 

Statistics of 1894. Statistics of 1894 reveal some in¬ 
teresting facts, existing in the United Kingdom. Thirty- 
four persons owned 6,211,000 acres of land in Great Brit¬ 
ain. The total area comprised perhaps between 37 and 
38 millions of acres. Taking off one fifth of this for waste 
land, cities, towns and hamlets, it would leave perhaps 30 
millions of acres for available cultivable land. Taking 
off the above mentioned 6,000,000 acres controlled by 34 
persons, it would leave about 24,000,000 acres available for 
30,000,000 people. Allowing only six acres to the person, 
these remaining 24,000,000 acres would easily be occupied 
by about 4,000,000 people, throwing about 26,000,000 peo¬ 
ple on the mercy of landlords, merchants and manufactur¬ 
ers. Why should such a surplus of land be in the hands 
of a few people while the rest of the population is reduced 
to toil in want for a mere existence? 

America has abolished the law of primogeniture. In the 
early history of the United States, land was plentiful and 
cheap. The government made grants for signal services or 
sold claims to the applicants for little or nothing. What 
did the successors in title of any of these applicants or 
grantees comply with to come into possession of these same 
tracts their predecessors acquired with little or no effort? 

The great, rich and fertile Vancouver Island is said to 
be controlled by three men who got there early. The Rock 
Island, the Southern Pacific, the Union Pacific, etc., were 
granted lands along their roads to be sold at specified 
prices, the money to be used as some sort of subsidy to rail- 


DEMOCRACY AND CITIZENSHIP 


75 


roads. The Rock Island, for instance, was built in certain 
sections, which were quickly mortaged; the proceeds with 
newly floated stock was applied to build other sections, 
while the land was held and later sold at very much greater 
prices. (This is essentially the history of many roads.) The 
early promoters thus waxed fat, the government contract 
was disregarded, and the people paid good prices for land 
and railroad stock. 

In America great estates have been built up and the 
wealth of the nation is rapidly passing into a few hands. 
An estimate by George K. Holmes, made in 1890, shows 
that 9 per cent of the American population owned 71 per 
cent of the wealth, while the remaining 29 per cent of the 
wealth of the nation was distributed among the remaining 
91 per cent of the population. The 1910 census of the 
United States showed that only 3 per cent of the population 
controlled 90 per cent of the wealth and the remaining 10 
per cent of the wealth was left to 97 per cent of the popu¬ 
lation. These conditions reveal an abnormal relation of 
the classes which cannot be sanctioned by progressive con¬ 
ception or a democratic idea of property rights. 

A few years hence free land will no longer be had in 
the United States. Will concentration of landownership and 
concentration of wealth stop here? No! It will only in¬ 
tensify the evil; it will grow more acute and the main part 
of the population will have to depend on lease of land, or 
be thrown on the mercy of the employing class for their 
living. 

The Evils of Tenancy. In Northern Italy most of the 
land is controlled by landowners. The land tenants are 
charged a price so high, that the renter will always be in 
arrear with his rent (for it actually exceeds the producing 
capacity of the land.) This system is known as the cottier 
system. These conditions exist to a more or less degree in 
all European countries. Why should these conditions be 


76 


DEMOCRACY AND CITIZENSHIP 


tolerated at all? Why should they be tolerated in a coun¬ 
try which boasts of its freedom and its democratic prin¬ 
ciples? 

What Perpetuates These Evils. What keeps these ab¬ 
normal conditions alive? The state sanctions and upholds 
laws of inheritance by which accumulated property is trans¬ 
ferred from father to child. It is by statutory law that 
great estates have been built up; it is by statutory law that 
men are permitted to accumulate fabulous possession and 
transfer the same to their posterity. 

Property Conception in the Light of Nature. Man is 
born without bringing with him the slightest trace of prop¬ 
erty into this material world; he leaves it without taking 
the slightest particle along to his new abode. We must 
grant any man the right to acquire lawfully as much as he 
can during his life time. His death is the natural end to 
this right; what man may do he can not again gather in 
the material. No man has a natural right to inherit prop¬ 
erty from another. It is only by statutory law that one man 
is permitted to inherit property from another. Inheritance 
may be lawful, but it is not provided for in the laws of 
nature. Blackstone says: “There is no foundation in nature 
or natural law why the son should have the right to ex¬ 
clude his fellow creatures from a determinate spot of land 
because his father did so before him, or why the occupier 
of a particular field or jewel, when on, his death bed, 
should tell the rest of the world which of them should en¬ 
joy it after him.” 

Remedies Possible. Why not limit the transfer of 
property by will to a certain amount, say $150,000 to the 
wife and $100,000 to each child, sufficient to enable the 
wife and children to provide their education and their com¬ 
fort which they enjoyed during the life of incumbent? 

Why not limit the amount of land any one man may 
acquire, legally hold or transfer by will? (Say 360 acres.) 


DEMOCRACY AND CITIZENSHIP 


77 


Why not limit the transfer of property to the third or 
fourth degree of relationship? 

Why tolerate the buying up of productive land for 
speculative purposes to let it lay in an unproductive con¬ 
dition? 

Conclusion. These few evils and many more may be 
pointed out. Accumulation of property always leads to the 
formation of casts, which finally lead to financial powers 
and oligarchies. We admit that the enjoyment of prop¬ 
erty possession is the prime incentive for the acquiring of 
property, hence the prime motive for personal application 
and thrift. But to carry this as far as to permit the evil 
pointed out must, in the light of reason and natural law, be 
considered as a distortion of the idea of the right to prop¬ 
erty. Where the above characterized evils exist democracy 
cannot have an abiding home. The much discussed millen¬ 
nium has no place in this world until the root of all evil 
the abnormal greed for worldly possessions, is eradicated 
and present conceptions of property rights are substituted 
by others more in harmony with a democratic conception 
of the laws of property. 

Corporatiolis. Statutory law permits incorporation for 
the purpose of issuing stock to be sold on the public market. 
The promotion mania has been a distinct disease of the 20th 
century. Many worthless schemes have been placed before 
the unsuspecting public. Public charter should be limited 
to such corporations as are formed for public purpose or 
to such as the public may have an interest in. At all events 
no incorporation charter should be granted without suffici¬ 
ent proof of the value of the assets. It would be advisable 
to invest the federal government alone with the power to 
grant charters, as it will be able to prevent fraudulant cor¬ 
porations much better than any state authority. 

Present Inheritance Laws Do Not Favor True Democracy. 
Inheritance laws are perhaps the greatest obstacles in the 
way of true democracy. Why not limit the transfer of 


78 


DEMOCRACY AND CITIZENSHIP 


property and wealth of any kind to a fixed amount? We 
grant that the law should allow enough to provide amply 
for the posterity. But why tie up millions in a trust fund 
to favor the idle rich? Man should bring his faculties into 
use; these are the things which count in this as well as in 
the other world. When a man is so supplied with the 
material things of life that he can live in luxury without 
effort, his life is a failure; on the other hand many a man 
was prevented from being the best man for want of the 
necessary things of life. Ideal democracy cannot counten¬ 
ance concentration of wealth in any form whatsoever. The 
two are diametrically opposed to each other; they will be 
so long as mankind exists. 

OPPONENTS OF THE IDEA OF PROPERTY. 

The main opponents of the idea of private property are 
socialists and communists. Communism would enjoy prop¬ 
erty in common. The real socialists, while arguing a little 
more reasonably, stand on the same ground. Communism 
is simply the extreme form of socialism. Socialism would 
limit the right to private property; communism is inclined 
to wholesale confiscation of private property. St. Simon, 
Owen, and Fourier propose a compact of society which 
would share in common all wealth that is produced. The 
execution of such utopian aims would require the noblest 
self-denial and the widest charity of any and all members 
of society. The very nature of man as such will be the dif¬ 
ficulty and difficulties will be in evidence. 

There are two schools of socialism; the Schultsche- 
Delitzsch school, which encourages co-operation, but relies 
to a great extent on self-help; and the LaSalle school 
which advocates a greater amount of intervention. La¬ 
Salle’s method has found greater attention through the 
books of Wallace and George. 

Nationalization of Land. The immediate nationalization 
of lands would be undesirable, inexpedient and destructive. 


DEMOCRACY AND CITIZENSHIP 


79 


It would be unjust and produce great hardships in coun¬ 
tries where possession of land is in vogue. It would be 
undesirable for the state to surrender property rights to 
lands where it is in vogue. Let us cite the case of Lord 
Bengal's settlement in India (1793). Proprietary rights 
were vested in the tax collectors. The result was that the 
cultivator paid three or four times the amount paid to the 
government. 

Troubles would arise from possible nationalization of 
land. Compensation to the owners might be advocated; 
without, it would be flagrantly unjust. Mills advocates the 
confiscation of the unearned increment, the increase in 
value. Why should this apply to land, and to land alone? 

Co-Operative Institutions. Socialists often demand gov¬ 
ernment aid for co-operative institutions. Failure of such 
institutions may involve a state deficit which would neces¬ 
sitate greater taxes. Absolute reliance upon the state in 
such cases would prove disastrous. 

Improved Dwellings. Socialists have asked the state to 
provide improved dwellings. The improvement of sanita¬ 
tion would be in favor of it; control of rent would be 
against it. Undertakings of this kind by the state may 
prove a failure and lead to financial troubles; favoritism 
and jobbery are besetting sins of any government. Such 
steps are followed by many evils. Why should poverty 
alone be made the sole principle of selection? 

Institutions Tending Towards Socialism, There are 
many schemes and institutions now advocated and in actual 
operation tending towards socialism, as state life insurance, 
accident and sick benefit insurance, poor laws, etc. In 
India a system has been pursued by which the land was 
annually allotted to the people for cultivation during that 
year. 

Conclusion. The main objection is against compulsory 
socialism. Such must prove a failure in the beginning, and 
ultimately must lead to serious complications. 


80 


DEMOCRACY AND CITIZENSHIP 


Co-operative movements now pursued must be regarded 
as modified socialism. The only differentiating feature is 
the apportionment of profits in proportion to capital and 
labor, or in other words, an apportionment according to in¬ 
dividual efforts, which must be, by the laws of nature, the 
only rule applicable in any system of the past as well as of 
the present and the future. 

Socialism has been criticized because it is usually preach¬ 
ed by persons utterly wanting in the necessities of life. Let 
the wealthy and distinguished advocate a new theory, it is 
hailed as progression; let the poor and downtrodden advo¬ 
cate the very same theory it will be greeted as anarchy. 

Socialism as advocated cannot and will not lead to true 
democracy. Any law, custom, rule or precedent which will 
help man to live by taking from him the privilege and duty 
to exercise his powers and faculties is not in the interest of 
democracy. On the other hand society must give to every 
man an even chance to start with. Concentration of wealth 
and the means of production prevent such opportunity and 
therefore must be considered as against democracy. In¬ 
stead of nationalization of land we may have restriction of 
land ownership, distributive control by every means pos¬ 
sible. The paternalistic government will do more for soci¬ 
ety than advocted socialistic government of the present 
time can and will do at any and all times. 

EVILS ARISING FROM THE mSAPPLICATION OF THE 
RIGHTS OF PROPERTY. 

Control of land and the means of production has forced 
the majority of mankind into other fields of endeavor to 
seek a livelihood. Dispossession has been practiced in times 
immemorial by brute and cunning force. Laws in favor of 
property owners have kept the evils alive, even to our days 
of enlightenment. 

Many of the dispossessed turned to work for others, 
which custom assumed various forms of relation between 


DEMOCRACY AND CITIZENSHIP 


81 


the two parties in question, namely: slavery, serfdom, ten¬ 
ancy and hired labor. Let us discuss these under this 
chapter. 

Slavery. Slavery was practiced in classic times and 
followed the conquest of any nation, state or territory. To 
the credit of the classic nations it may be said that slavery 
in their times has been more moderate in form and method 
than the slavery of the Christian era. The Greecian slaves 
had property rights and the hope of emancipation. The 
slave of our era was not permitted to own property; he was 
not paid a wage and was a part of the cultivator’s capital. 
Slave labor has really no economic advantages for the cul¬ 
tivator; this was especially true of our era. Slave labor is 
inefficient and uneconomical. It has three characteristic 
defects according to Cairnes: It is given reluctantly; it 
is unskillful; it is wanting in versatility; it is only applic¬ 
able to a few. Slavery and the misapplication of the laws 
of property were the downfall of Rome and Greece. Slav¬ 
ery was one of the obstacles in the way of democracy. 
Wherever it was practiced civilization made but slow pro¬ 
gress in its wake. 

Serfdom. The serfdom was simply a milder form of 
slavery. The serf was required to till the land of the lord 
in return for a little garden, where he spent perhaps one 
day of the week to raise his own necessities. The serf also 
was considered a part of the lord’s domain and was sold 
with it. The backbone of serfdom was broken in the 14th 
century. 

Tenancy. The serf made place for the tenant especially 
after the “black death” and its disturbances. The lord 
rented his land to tenants in return for certain fixed con¬ 
siderations. The system, whereby the tenant delivered to 
the lord half or any other portion of the produce, was called 
the metayer system, especially in vogue in Prance. The 
cottier system fixed a definite amount of rental to be turned 
over to the landlord every year. These rentals were usually 


82 


DEMOCRACY AND CITIZENSHIP 


very high, so much so that the renter was always in arrears 
with his rent; in many cases the rental actually exceeded 
the producing capacity of the land (Northern Italy). Under 
the application of the cottier system the landlord often sup¬ 
plied part of the capital or some equivalent, as stock, seed, 
implements, fertilizer, etc. The cottier system in the latter 
form was more common in Ireland than anywhere else. The 
metayer system was fixed by custom, the cottier rent by 
competition which was often fatal to the laborer and usually 
impoverished the land and the people. The custom of giv¬ 
ing a piece of manured land free for service and labor was 
called the monacre system. Tenancy of today, while a dis¬ 
tinct improvement upon slavery, serfdom and the media¬ 
eval system of tenancy, is out of accord with the principles 
of democracy. 

Hired Labor. The day laborer or hired labor is more 
free than the tenant, as his obligation is not contingent up¬ 
on the investment of time, money or material. He hires 
out by the day, the month or the year in consideration of a 
specified compensation. Wages depend upon supply and de¬ 
mand in general, although this phrase is applied very in¬ 
accurately. As a rule wages of laboring classes are not in 
proportion to the increase in wealth. The influence of 
machinery and the increase of population decrease or lower 
the demand for labor. Skilled labor suffers most thereby. 
Prudential checks are not sufficient to restrict the laboring 
classes. Emigration in some cases exert a check on demand 
for labor. 

Labor in general depends upon the generosity or the 
good will of others, holding the balance of power. This 
very fact shows the state of the laborer as a natural evil. 
To control wages means to magnify the above evil and can¬ 
not be considered as consistent with the idea and purpose 
of democracy. 

For employer and laborer to come together on a basis 
of equality, to share equally or proportionally the fruits. 


BEKOCRACT ARD CITIZERSMIP 


83 


sorrows, and troubles incident to the undertaking, is more 
in keeping with the lofty purpose of democracy. 

Wages increase with the increase of education, migra¬ 
tion and co-operation. The legal right to employment is 
insecure and disastrous in many places. This will, how¬ 
ever, not be sufficient to deny the natural right to occupa¬ 
tion. Attempts at regulation discourage and divert capital 
and would prove locally disastrous. Labor regulation will 
not prove a success until employer and laborer have learned 
to co-operate on their own accord, pooling resources, efforts, 
sorrows and troubles in common accord. 

Profits. The profits are the remuneration of the cap¬ 
italists. They are usually divided into three parts: the 
reward for saving, the compensation for risk and loss and 
the wage for superintendence of labor. The interest on the 
capital as a rule remains constant at the same time and 
place; profits vary when compensation for risk and super¬ 
intendence of labor vary. The cost of labor is regulated 
by the efficiency of the labor, the wages of labor and the 
rise or decline of the price of raw material. 

The fight in the industrial and commercial world cen¬ 
ters around the question of profits. The capitalist risks 
his money in the enterprise and in consequence must stand 
the loss in the case of failure. The profits, when there are 
any, fall into his pockets for the same reason. The rise of 
material of any kind entails the increase of the cost of the 
manufacture. This usually entails a gradual rise in the 
cost of other materials and finally touches the laborer in 
many and various ways. The manufacturer or employer 
lays claim to the increased profits and the laborer finds 
himself confronted by the increased cost of the necessities 
of life. The increase in wages has never kept in ratio with 
the increase of cost in living, as history will prove. Why 
then wonder at the industrial unrest? It is a natural out¬ 
come of a situation, created outside of labor’s power, know- 


84 


DEMOCRACY AID CITIZENSHIP 


ledge and endeavor. Why should labor stand all the dis¬ 
comforts of such conditions and consequences? 

Trade Unions. To fight these conditions trade unions 
have been formed which have for their object to create a 
more cordial relation between laborers themselves and to 
infiuence wages; that is, to enforce certain regulations upon 
the masters and the men. The great majority of trade 
unions is in favor of organization, the latter must be con¬ 
ceded as a balance to the organization of capital in the first 
place. The effect on wages can only be gradual. The most 
important effect on wages would be the neutralization of the 
evils of competition. Wages are now fixed as a bargain 
between employer and laborer. Strikes are undertaken to 
force employers to yield to the demands of labor. The pres¬ 
sure used may be direct or indirect. 

Strikes. Strikes often turn into mob violence. It is 
evident that strikes often overstep the limits of democratic 
government; so do the primary causes of strikes, which 
must ultimately be reduced to attempts at control of labor, 
wages, and the distribution of wealth. Organized labor 
feeling itself out-generaled resorts to violence. 

To prove that industrial confiicts and strikes can be set¬ 
tled by peaceful means, we quote the examples of co-part¬ 
nerships of Leclaire at Paris, the Paris and Orleans Rail¬ 
way, Crossley at Halifax, Brigg’s colleries near Leads, Eng¬ 
land. ^ 

OOMMEROIAL EXCHANGE. 

Commercial exchange is the barometer of the life of a 
nation. In primitive times the only exchange consisted in 
the actual transfer of one commodity for another. Nations 
coined useful and precious metal into money, thus creating 
a legal means of exchange. Such provision stimulated a 
necessity and demand for money and the desire to convert 
produce and products into actual cash. 

Money. Money serves as a measure of value; it is a 
universal means of exchange. The Chinese used cube# of 


DEIOCRACY AND CITIZENSHIP 


85 


tea instead of money; some African tribes employed shells, 
called cowries, as a substitute for money. Substances used 
for the coinage of money should vary but little in price, 
should not vary suddenly, should possess an intrinsic value 
and have relatively high value in small bulk. A double 
standard is not desirable, as fluctuations are likely to occur 
in the value of the metals used. 

Fallacies of the Present Mercantile System. The mer¬ 
cantile system of today is the product of years of trade, 
thought and study. The government has taken a hand in its 
regulation. The fallacy of the present system rests on a 
false conception and legislation secured by interests. Any 
gain foreign commerce brought into the country was the 
measure by which its transactions were gauged. Therefore 
the export was encouraged by subsidies, bounties and priv¬ 
ilege; import was discouraged by taxes and duties, to se¬ 
cure a favorable trade balance. International trade is not 
always favorable to a country in the manner stated. A par¬ 
ticular class may be injured. Restriction of trade is impo- 
l|,tic and unjust. Protection is upheld in many countries. 
Free trade has never found favor in the United States, Eng¬ 
land and France. The doctrine of reciprocity also has its 
drawback. The cost must be taken into consideration in 
order to check the demands of different countries in differ¬ 
ent ratios. The share of the cost, to be born by each, must 
depend upon this ratio; the difference in price must be 
equal to the cost of transmission. 

Precious Metals and Their Transportation. Precious 
metals can be transmitted in two ways, as an ordinary com¬ 
modity and in the form of money. When gold and silver 
are transported as ordinary commodities their value is de¬ 
termined the same as of any other commodity. Gold may 
be transported for the payment of debts or for Investment 
purposes. It has often been advocated that the circulation 
of money should be Increased to prevent fluctuations in 
prices. 


86 


DEMOCRACT AND CITIZENSHIP 


The Foreign Exchange. The purpose of the foreign 
exchange is the settlement of international obligations; it 
is done by the use of bills of exchange or by the actual 
transport of specie. Equality of export and import renders 
specie transmission unnecessary. If the balance is unequal 
the bills of exchange of the nations with the largest export 
will be at a premium about equal to the cost of transporta¬ 
tion, while the bills of exchange of nations with the larger 
import will be at a discount. In the first case, the exchange 
is favorabe, in the second, unfavorable. Extraordinary 
causes may increase the value of a bill of exchange. (Napol¬ 
eon’s return from the isle of Elba caused a fear of a draft 
on the English gold reserve from the continent.) An unfav¬ 
orable balance must be avoided and must correct itself. 

Credit, Its Natui*e and Advantages. The credit implies 
borrowing and lending. The transaction need not necessar¬ 
ily involve the transfer of money. Faith in the borrower’s 
solvency usually reduces the credit rate. Credit is the power 
to borrow wealth; it will be abundant when there are many 
persons to enter into relation on both sides. The rate 
varies with individuals and countries. (The credit should 
not be confounded with the term capital.) Credit has dis¬ 
tinct advantages. It aids in the production of wealth by the 
increase and profitable application of the latter; it aids 
banks by increasing the effective resources of the country; 
it makes accumulated wealth useful; it creates *capital. 
Credit can assume the form of bills of exchange, bank notes 
and checks. Credit exerts a vital influence on prices. Credit 
may imply a substitute for money; the functions of money 
may be performed by bills of exchange. As wealth increases 
prices tend to decline, which tendency is stopped by the use 
of bills. If bills were not used, the prices would decline or 
the money in circulation would necessarily have to be in¬ 
creased. Prices are not effected by bills of exchange, but 
by credit which they imply. The same effect might be pro¬ 
duced by book credits on a smaller scale. Bank notes are 


DEMOCRACY AND CITIZENSHIP 


87 


the most powerful instruments of credit; checks are a less 
complete substitute for money. 

llates of Interest. Gross profits are effected by insur¬ 
ance rates, the cost of superintendence and by the interest 
of capital. The interest depends on the accumulation of 
capital and its relation to the demands of the borrower. It 
is subject to small oscillations and varies with the differ¬ 
ent countries. It will be affected by the cost of food and 
may in turn effect the prices of property. It is a common oc¬ 
curence to see the price of land rise or fall with the oscil¬ 
lations of interest. 

The Application of the Principle of Exchange at Home. 
The foregoing chapter gives an inside of the workings of 
the principle of international exchange. The community 
bank could and does in many ways assume the work of 
the international exchange in interstate business. It is, 
however, not generally applied, and this gives unscrupulous 
bankers the power to exploit the community for their per¬ 
sonal benefit. We would like to see the government estab¬ 
lish in every community a clearing house which would do 
this very work for the protection of the common people. 
The use of such a system would to a great extent eliminate 
the evils of commercialism, the monopoly and the control 
of the resources of the country. 

CO-OPERATION. 

The preceding chapter has pointed out and partially dis¬ 
cussed a subject which we shall outline more closely. 

The so-called co-operative societies are co-operative in 
name only. Let us cite some notable examples of attempts 
at co-operation. The Rochdale Pioneer Society was found¬ 
ed in 1844 and caused by the then existing depression of 
the fiannel trade and the resulting need of the workmen. 
A club was organized for the buying from wholesale houses; 
the members paid the price of the store. The result was the 
accumulation of great profits. In 1856 the capital amount- 


88 


DEMOCRACY AND CITIZENSHIP 


ed to £12,900. The society grew into an organization of 
great prestige. This method was adopted by many other 
societies. 

Co-operative manufactures were established in France 
as well as in England. Co-operative farming secures the 
advantage of peasant proprietorship without its disadvant¬ 
ages. Co-operative banking was established in Germany, 
through these banks bona fide laborers were able to help 
themselves. The co-operative banking system grew into a 
formidable organization. 

Legisative enactments have greatly checked the growth 
of co-operative movements. The essence or purpose of co¬ 
operation is self-help. Co-operation can only exist where 
harmony has found its abode. The stockholders of an en¬ 
terprise are by necessity bound to co-operate. They silently 
demonstrate the lesson yet to be learned by the common 
people. Where there has been a marked success of any 
kind it has been achieved by union of forces, conditions 
and circumstances. More co-operative farming, more’ co¬ 
operative marketing, etc., are familiar land marks of democ¬ 
racy. 

It should be the duty of the central government to en¬ 
courage and lead in co-operation. The government should 
bend every effort to point out its benefits and advantages 
and clear the way for the golden rule: “Do unto others as 
ye wish to be done by.” The much referred to millennium 
will not be a reality until the law of co-operation is com¬ 
mon knowledge and virtue and an absolute fact in human 
life. 


TAXATION. 

The purpose of taxation is to raise the necessary reven¬ 
ues to carry on a government efficiently. A tax is not col¬ 
lected for the purpose to attain some subsidiary end in 
view. The taxes collected may be applied to any purpose 
the government may decide upon. 


DEMOCBACY AND CITIZENSHIP 


89 


The right to levy a tax is given by law. The law not 
only states the manner of raising the revenue, but it also 
provides a penalty for refusing to pay the same. Adam Smith 
in his book “The Wealth of Nations" laid down fundamental 
laws, applicable to taxation, which we will cite here. 

Canons of Taxation. 1. The taxes ought to be pro¬ 
portionate to the abilities of the citizens or in proportion 
to their revenue under the protection of the state. 

2. The tax should be certain and not arbitrary, that 
is, it should be defined by law as to the time and the man¬ 
ner of payment. 

3. It should be levied at the time most convenient for 
the contributor. 

4. It should take out and keep out of the people's pocket 
as little as possible over and above what it brings the state. 
(Efiicient collection by the state.) 

Equality of Taxation. It is difficult to define accurately 
the equality of taxation in order to determine an equit¬ 
able rule, applicable to all. The amount of taxes should be 
proportioned to the protection derived from the state. Abil¬ 
ity to pay should be the rule of apportionment of taxes. 
Apportionment to revenues and ability to pay alone seem 
inconsistent statements, as it would prove exceedingly dif¬ 
ficult to determine accurately such ability or apportion¬ 
ment. A tax on commodities renders taxation according to 
abilities impossible. Therefore taxation can only be approx¬ 
imately arrived at. 

Income Tax. The Income Tax may be permanent or 
temporary. If the income tax were permanent, no injury 
would be inflicted by taxing both, temporary and perman¬ 
ent incomes alike. A difference in the rate would be unjust 
to the possessor. If the tax were only temporary, incomes 
should be taxed at a heavier rate. A graduated income 
tax would operate against prudence in the minds or many. 
If the income tax is paid out of the capital, the incidence 


90 


DEMOCRACY AND CITIZENSHIP 


falls on the consumer. The income tax changes with the 
different countries. It will work hardship on families of 
small income. Mills proposed not to tax incomes up to 
£100 per year. This should not be confounded with the 
graduated income tax. The difficulties encountered in es¬ 
timating incomes speaks against the income tax; so does 
the dishonesty of the people with the government in giving 
an estimate of the income. 

Tax on Commodities. The tax on commodities may be 
direct as the personal property tax, or indirect as the tax 
on commodities. In general the taxes on commodities are 
not satisfying the equality rule, although this may be partly 
compensated by other taxes. It does, however, well satisfy 
the principle of certainty (ad Valorem duties excepted), as 
well as the principle of convenience to the consumer, but it 
proves often an inconvenience to the importer or producer. 
The latter may be adjusted by judicious arrangement of 
bonding houses. This sort of tax takes usually more out of 
the people’s pocket than flows into the treasury of the state, 
and unduly enhances the price to the consumer. This is the 
most serious objection. Judicious selection of articles to 
be taxed may reduce the cost of collection to some extent. 
Taxes on manufactured goods will cause annoyances in 
other ways. 

Taxes on Import and Export. Exports would force 
foreigners to contribute to the state revenues. This would 
tend to lower the cost of certain articles and perhaps ser¬ 
iously affect international trade. Import duties or taxes 
are flnancially impolitic; they are imposed more for the 
benefit of the home manufacturer. Protective tariffs al¬ 
ways involve waste of capital and seriously affect the price 
of manufactured goods. Either method exclusively applied 
would produce bad effects. 

The Land Tax. The land tax does often appear in the 
form of rent. It does not injure the cultivator of the soil. 
When the land tax exceeds the rack rent the price of agrl- 


DEMOCRACY AND CITIZENSHIP 


91 


cultural products must be raised or it would injure the 
owners or throw the land out of cultivation. Through the 
English land tax the state retains an interest in the land. 
The tithe is equivalent to a land tax. The tithe proprietor 
derives no benefit from the productiveness of the soil. 

Conclusion. In general, taxation cannot be arrived at 
on an equitable basis. Taxation under the present system 
is a necessity. The representative government is liable to 
make the mistake of burdening the people with taxes by 
unwise legislation which would make taxation necessary. 
If ways could be found to provide for permanent taxes the 
burden would be easier carried. It is the temporary tax 
which becomes obnoxious. Future legislation must and 
will find the way to provide for the necessary taxes by a 
system more in keeping with the spirit of democracy. 

The above indicated organization of communal, state 
and national clearing houses or boards of trade would pro¬ 
vide in their operation for some portion of the general 
taxes, and would, at least partially, remove the vexatious 
question of taxation, the most troublesome factor of any 
and every government. 








DEHOCBACY AND CITIZENSHIP 


93 


PART V. 


DEMOCRACY AND SOCIOLOGY. 

The main aim of sociology is the search of conditions, 
determining aggregation and the concourse of men, the 
laws governing social choices and their survival. Sociology 
may be defined as the association of minds and the recip¬ 
rocal adjustment of life and its environments. This science 
well interlinks with biology, political economy, and psychol¬ 
ogy, and may well be made part of this work, to discuss such 
phases bf democracy as have not been discussed in the pre¬ 
ceding chapters. 

The problems of sociology are aggregation, association, 
co-operative mutual aid, social character and classes into 
which people differentiate. The aggregation is dependent 
on the nature of the territory in all nature with man or 
beast. Population and environment are in constant inter¬ 
action. The surplus energy finds an outlet in immigration. 
The aggregation is the physical foundation of socitey. 

Social Composition. The social composition may be 
polyandry of the Nair and Tibetan type, polygamy, and 
monogamy. The human societies are again divided into 
ethnical societies, with a real or fictitious kinship as their 
chief social bond, and demotic or congregate societies. 

Social Constitution. A social constitution is the organ¬ 
ization of its individual members for special purposes: Mun¬ 
icipal government, churches, schools, industrial corpora¬ 
tions, labor organizations, literary and scientific societies 
and social clubs. It is purposive and does not involve mar¬ 
riage and reproduction. In civil societies social constitution 
is completely developed. Social composition is subordinate 
to social constitution. The chief purpose of civil constitu¬ 
tion Is the state; subordinate to it are minor purposive 



94 


DEMOCRACY AND CITIZENSHIP 


associations, as the political, juristic, industrial, cultural 
and spiritual association. The detailed study of the state 
belongs to political science. 

IMMIGRATION. 

Migration is a factor in social evolution, as it exercises 
a selective effect, in favor of the stronger, more energetic 
and more restless types of people, by spreading and creat¬ 
ing universal culture and civilization, by welding dissimilar 
cultures which usually result in a higher and newer type. 

The effects of immigration are gradual, vital and far- 
reaching into the life of a nation. Illiteracy, crime and pov¬ 
erty are subject to influence due to immigration, and merit 
attention in the study of this subject. 

Manner of Inrmigration. Ancient immigration was 
wholly in tribes; now it is by individuals. The causes of 
immigration are lack of food, lack of territory for an ex¬ 
panding population, war, poor economic opportunities, op¬ 
pression by the home government, etc., etc. 

Restriction of Immigration. The restriction of immi¬ 
gration may be discussed from several view points. The 
industrial argument would be that it causes hardship to 
indigenous labor; that with unrestricted immigration it 
would be difficult to maintain a standard of living. Oppo¬ 
sition to restriction in the United States came chiefly from 
American capitalists and steamship companies. The social 
argument maintains that a difficulty in social assimilation 
would arise with unrestricted immigration and that clan¬ 
nish customs would effectively prevent such assimilation. 
Illiteracy and clannish customs would make an intelligent 
use of the ballot impossible. The Slav and Mediterranean 
races do not take well to constitutional government. Their 
ideas and customs are different from ours. 

Present restrictions exclude persons afflicted with a 
loathesome or dangerous disease, paupers who are likely to 


DEIOCRACY AND CITIZENSHIP 


95 


become state charges, epileptics, idiots, imbeciles, insanes, 
criminals, polygamists, anarchists, prostitutes and pro¬ 
curers. 

The question of educating the immigrant population in 
the citizenship of the country of their choice is an import¬ 
ant duty of the state which if not rightly applied may in¬ 
volve the country in internal or external trouble, threaten¬ 
ing its very existence. 

Asiatic Immigration. There has been a considerable 
objection to Asiatic immigration. The reasons advanced 
might be given as the low wage standard of the Chinese 
and Japanese, their low moral standard and habits. The 
Chinese certainly do not readily assimilate and hold tenac¬ 
iously to their customs, religion and language, which keeps 
them isolated from American life. The strong racial tend¬ 
ency far outweighs any argument that might be advanced 
in favor of the exclusion of Asiatic immigration. The 
Chinese contribution to the American commonwealth is 
negligible because the average of his stay in this country 
is very short. Chinese immigration would prove a menace 
to the world’s peace if doors would be thrown open indis¬ 
criminately. 

Conclusion. The American continent has a composite 
population, built up by immigration and aggregation from 
different nations. To declare absolutely against any race 
would be against the general principles of democracy. It is, 
however, the unalterable right of any nation or state to 
declare who may gain the right of admission to citizenship 
and to set down rules and regulations for the purpose of 
selection and assimilation of an immigrant population. 

THE NEGRO PROBLEM. 

The negro problem figured prominently in American pol¬ 
itical affairs, more perhaps than in any other nation. The 
Civil War and the proclamation of emmancipation of the 


96 


DEMOCRACY AND CITIZENSHIP 


negro are indisputable evidence of the vital part of this 
problem in the history of the United States. 

Relation of the Negro to the White Race. Slavery did 
not fit the negro as an individual; a life of freedom did not 
fit the race. Slavery did not develop in the negro the self- 
mastery and self-control which are necessary for social life. 
The negro race in the United States became intermixed with 
the white blood. The leaders of the black race came 
through intermixture with white blood. Illegitimate off¬ 
spring of mixed white and negro blood was in disfavor with 
both races and often the product of vice conditions. Infus¬ 
ion of white blood into the black race has been generally 
detrimental to the latter in stimulatiing a tendency to 
crime and immorality as is proved by statistics. 

The negro population and the high death rate points 
to a natural strong process of selection. The negro is 
destined to be with us always owing to the fact of intermix¬ 
ture. The negro problem is of an industrial nature and is 
so characterized by statistics, proving that the estimated 
taxable property of negroes in the United States was $65.00 
per capita in 1905 as against $1500.00 among the white 
population. 

Proposed Solution. Among the proposed remedies for 
the solution of the negro problem are the immediate ad¬ 
mission of the negro to full social equality with the whites, 
the deportation to Africa or South America of the undesir¬ 
able element and the negro colonization in some adjacent 
state or territory. All of these proposed measures will meet 
with favor and dislike, and are dealing harshly with the 
negro in the light of democratic freedom. The law of 
natural selection has silently done its own work and pop¬ 
ular education on old lines will in time do the rest. Illiter¬ 
acy is rapidly decreasing among the negro race. 


DEMOCRACY AND CITIZENSHIP 


97 


POVERTY AND PAUPERISM. 

Society of today reveals many abnormal conditions and 
socially unadjusted classes. Poverty is a relative term and 
difficult to define. Insufficiency of income to maintain 
health, and physical efficiency will approximate its meaning. 
Pauperism is a state of legal dependence in which a person 
is unable or unwilling to support himself and receives re¬ 
lief from public funds. A pauper is a person who is unwill¬ 
ing or unable to support himself. 

Statistics on Pauperism. Statistics of the year 1910 
would indicate that about five per cent of our population re¬ 
ceives relief every year; about 10,000,000 are living below 
the poverty line in years of average prosperity. It is esti¬ 
mated that about 15 per cent of the population are living 
in poverty. The well known author, Charles Booth, rates 
the population below the poverty line in the city of London 
as 30 per cent. 

Reasons for Pauperism. The basic reasons for pauperism 
have been variousy interpreted. Marx attributes it to in¬ 
sufficient payment of labor; Malthus points out the increase 
of population and consequent pressure upon food, while 
Henry George accepts the landlord’s appropriation of the 
unearned increment of land values as the primary cause of 
poverty. An intelligent analysis will out point widely diver¬ 
gent contributive causes which may be summarized as fol¬ 
lows: The objective causes are natural calamities, unpro- 
pitious physical environment and unfavorable organic en¬ 
vironment; the subjective causes may be pointed out as 
physical and mental defects, bad habits, old age, neglect 
and desertion by relatives and disregard of family ties, 
death of the main support of the family, crime, dishonesty, 
and ignorance; the economic causes include lack of employ¬ 
ment, fiuctuation of money, unwise methods of taxation, 
methods of land tenure, employment of women and children, 
unhealthful and dangerous occupation; the social causes 


98 


DEMOCRACY AND CITIZENSHIP 


may be designated as unsanitary conditions of living, defects 
in the educational system, defects in government organi¬ 
zation permitting corruption, and the existence of social 
evils and customs, unrestricted immigration lacking the 
principle of selection. The most general causes may be in¬ 
dicated as the uneven talents of men, accidents and sick¬ 
ness, and personal habits. 

Remedies Proposed. The remedies for checking poverty, 
pauperism and their evil effects upon the spirit of democ¬ 
racy, we must cite the check of public degeneracy by public 
measures, private and outdoor relief, and state charitable 
institutions. Dependent children have won the most im¬ 
portant place in remedial philanthropy. 

Public and private charity will be a failure in checking 
poverty and pauperism as long as the immediate relief re¬ 
mains the final purpose in view. The real object in view 
should be relief with a view to help the pauper to help him¬ 
self. The above ennumerated causes by writers on soci¬ 
ology do not mention control and concentration of wealth 
and the means of production. This is the most powerful 
and the most far reaching cause of poverty. This fact 
has been clearly pointed out by many social and political 
writers. The real remedy must be pointed out by social 
economy under which head the laws of property have been 
discussed and remedies suggested more in keeping with the 
real spirit of democracy. 


CRIME. 

Crime is a violation of law. Criminology looks into 
the nature and causes of crime. Penology deals with the 
treatment of crime. Crime is primarily a legal matter and 
consequently varies with the law. 

Criminals may be classified into instinctive or natural 
bom criminals (congenital defects), habitual criminals 
when the normal person has acquired the tendency to crime 


DEMOCRACY AND CITIZERSHIP 


99 


from the environment, and single offenders when crime is 
committed by stress or temptation, by passion or accident. 

Causes of Crime. The causes of crime are classified by 
writers on sociology as objective and subjective causes. The 
objective causes may be due to unfavorable physical and 
social environment; among the latter are unfavorabe indus¬ 
trial conditions, demographic conditions, as density and 
distribution of population; the infiuence of race and nation¬ 
ality; the defects in government and law; the infiuence of 
manners and customs. Among the subjective causes, sex 
and physical degeneracy figure most prominently. 

Structural and functional abnormalities are above the 
average in degenerate persons, and degenerate families 
usually propagate crime. Criminals usually show also other 
forms of degeneracy more than the average population. 
Character and characteristics are not transmissible; crim¬ 
inality based upon physical defects may be transmitted. 
Impaired vitality may be transmitted and may form a 
cause of criminality. Criminalogists (Lombroso) believed 
that crime has a biological root and that crime constitutes 
a distinct anthropological type, which can be selected be¬ 
fore the commission of the crime. 

Remedies Advocated. Penology must be considered as a 
subsidiary branch of scientific philanthropy. Heredity must 
be controlled by laws regulating marriage. Appropriate 
training at home and at school will make self adjustment to 
public life possible; the social environment must be looked 
after to secure the best development of the individual. With 
care and the application of scientific knowledge crime can 
be wiped out, and with it, poverty and pauperism as well. 

The instinctive criminal is usually beyond redemption; 
the only remedy to apply in his case is segregation for life. 
This is difficult until sure methods are found for the dis¬ 
covery of mental defects, preventing mental adjustment. The 
The habitual criminal can be reformed at least in the early 
part of his career. When the individual is over 30 years 



100 


DEMOCRACY AND CITIZENSHIP 


of age, redemption is scarcely possible. The single offender 
can best be dealt with outside of prison. The probation 
method is very effective with the youthful single offender. 
The more exemplary way of punishing should be reserved 
for the more mature offender. 

Every state should have at least six distinct sets of in¬ 
stitutions to deal with criminals; the county and city homes 
for detention of offenders awaiting trial, the reform schools 
for delinquent children under sixteen years of age who re¬ 
quire institutional treatment, special reformatories for 
vagrants, inebriates, and prostitutes, hospitals for the crim¬ 
inally insane, county and state penitentiaries for the incor¬ 
rigible, hardened criminals. 

The present conditions of the reformatories make them 
schools of crime. The reform schools and the prison do, as 
a rule, not reform. The parole method, more generally ap¬ 
plied of late years, brought out new methods of dealing 
with crime and should be generally applied. This pro¬ 
bative method is especially recommended in dealing with 
youthful offenders. 

Progressive Conception of Penology. Democracy cannot 
countenance past conception of penology. Present conception 
is toward mending instead of punishing. Society with its 
perverse principles must be called accountable for much 
crime and evils now existing. This must become common 
knowledge and grow into civic consciousness before new 
remedial measures will be possible. 

PUBLIC HEALTH AND WELFARE. 

Public health is a potent factor in public welfare. It 
has been argued that the government should control, super¬ 
vise and regulate public health. The principle of self- 
determination of the individual is against it. The abuse 
of medical ethics and the general good of society would 
speak for it. Whenever private interests jeopardize individ- 


DEMOCRACY ARD CITIZEMSKIP 


101 


ual life or put a premium on it, public intervention becomes 
not only advisable, but a strict necessity under democratic 
rule. State intervention should be tolerated when clearly 
productive of general and individual welfare. Exploita¬ 
tion under any form of government cannot stand in the light 
of democracy. 

While beneficial and of a decided advantage in some 
cases, government supervision of public health would in¬ 
volve hardships under present day regulations. Various 
arguments, as the increase of taxes, opposition by the peo¬ 
ple, opposition by the medical profession against the rais¬ 
ing of the standards and requirements of medical education, 
cannot lightly be overcome and would demand careful leg¬ 
islation. 

The care of the young and rising generation could and 
should be placed under competent medical care. A large 
percentage of men and women carry defects for want of 
early physical care. Why should children not be subject 
to periodical medical inspection and treatment, if need 
there be, to eliminate defects contracted at an early age? 
The argument might be advanced that this work is a 
parental duty. Correct. But, is the parent competent to 
diagnose and treat such defects in the required manner? 
Most parents are incompetent to do so. Let us develop per¬ 
fect men and women by all manner possible. Parental care 
alone has not been able to fill the bill. 

Under this chapter should be discussed the care and 
treatment of the insane, feeble minded, the deaf, the blind, 
and human eugenics. Public health would also involve the 
discusion of food laws, housing, tenements, sanitation of 
private and public buildings, shops, factories, and mines, 
accident legislation, compensation and insurance laws. The 
last two have been discussed elsewhere in this book. To 
discuss all of the above enumerated subjects in detail would 
lead beyond the scope of this work and are therefore elim¬ 
inated from this treatise. 


102 


DEMOCRACY AND CITIZENSHIP 


EDUCATION AND RELIGION UNDER DEMOCRACY. 

Democracy demands participation in the affairs of gov¬ 
ernment and leads to the question: “Is the individual com¬ 
petent to participate in the affairs of government?” Life 
in any community involves fitness to live, which implies dis¬ 
cipline, instruction and training, the essentials of education. 
The highest type of individual life is community life. To 
accommodate to community life, discipline and training— 
essentials of education—are necessary qualifications. 

The full depths of democracy are far from being under¬ 
stood. Liberty is not the essence of democracy as popularly 
claimed. Perfect equality and unrestricted liberty are in¬ 
compatible. Liberty leads to inequality contingent upon 
the natural differences of human capacities and individual 
application. Equality in a sense can only be obtained by 
suppressing unrestricted liberty and license, assisting the 
weak and checking the strong, exemplifying discipline in 
public life. 

The necessity of training in citizenship has been em¬ 
phasized elsewhere in a chapter on emigration. Training 
in citizenship is the particular duty of education. Man must 
be prepared for intelligent citizenship. Man must be pre¬ 
pared to note, compare and digest what passes before his 
eyes and to co-relate the observations into a distinct system. 
Democratic education must extend culture and scientific 
knowledge; it must encourage the cultivation of sound senti¬ 
ment and honest policy. 

Efficient public service is a trade mark of civilization. 
Political control of public institutions and undertakings 
border on barbarism, and can only be offset by general in¬ 
telligent civic and political life. Intelligent democracy must 
study and learn. 

Religion and Democracy. The ethics of individual life 
are molded by the ethics of the social whole which involves 
law, church and state. The real question involved in dem- 


DEMOCRACY AND CITIZENSHIP 


103 


ocracy is an ethical question; its purpose is the individual 
responsibility for the social and political progress. 

Democracy emphasizes the need of personal sacrifice, 
and charity of the noblest kind in the interest of humanity 
and for the good of society. The close relation between 
democracy and religion is evident. It takes a man of relig¬ 
ious conviction to be a true democrat in the strictest sense; 
there could be no truly religious character without the 
practice of democratic principles. 

It takes more than science to educate men in democracy. 
The only law of democracy is laid down in the teachings 
of the Heavenly Teacher—Jesus Christ—a democrat in 
teaching and spirit. The golden rule is as good democracy 
as it is religion and will stand so to the end of time. The 
best safeguard of democracy lies in constant every day 
practice of sound and practical religion. 




DEMOCRACY AND CITIZENSHIP 


105 


PART VI. 


DEMOCRACY AND APPLIED CIVICS. 

Democracy means that the people have the right to make 
the laws under which they live. It means the application 
of all laws and rules for all alike. It means participation 
in government, particularly legislation, by any and all in¬ 
dividuals of the country and state. The appeal of King 
Richard I of England to his people might fittingly be quoted 
here: “For that which touches all, should be approved by 
all." Such is the essence of true democracy. 

THE PEOPLE’S RIGHTS. 

Freedom of Speech. Every person is granted the free¬ 
dom of speech and of free press. The constitution expressly 
states, that congress should make no law, limiting the free¬ 
dom of speech or of press. There are, however, cases 
where the freedom of speech and of the press might violate 
public morals and the common law which would make inter¬ 
vention necessary in the interest of public good. 

Religious liberty. The constitution grants religious 
freedom. No law can be passed to limit the free exercise 
of religious duties; there can be no civil compulsory sup¬ 
port of any particular religious sect or church. A civil 
infraction is possible only when public defamation of any 
church or sect is concerned or personal conduct in religious 
matters becomes a matter of public morals. This case 
is amply covered under the civil law. 

The Freedom of Search. Modern democracy accepts as 
law the motto: “Every man’s house is his castle.” No per¬ 
son or officer may enter a man's house without permission 
or due court warrant, either search warrant or warrant of 
arrest. Without such warrants the officer of the law would 
become the violator of the law. 



106 


DEMOCRACY AND CITIZENSHIP 


Protection of Property and Life. Life and property are 
protected by law. No property can be confiscated without 
due process of law, or without adequate compensation, 
whenever such confiscation seems necessary for public im¬ 
provements. 

False Imprisonment. ..No man can be imprisoned, ex¬ 
cept after due process of law and after a fair trial. The 
courts have been so organized that appeal may be had from 
a decision of a lower court in order to insure a fair trial. 
If for any reason a man is unduly detained in prison either 
for investigation, on suspicion, or .awaiting trial, it violates 
this express provision of the law. 

No Imprisonment for Debt. No man can be imprisoned 
for a debt, unless it involved fraud. Otherwise the debt 
is covered by the civil law action. 

Right to Vote and to Hold Office. Every member of the 
community must share in the common burdens of the com¬ 
munity; he therefore has the right to vote on the legality 
of such burden. He has the right to become a candidate for 
administration of public business. Moreover, it is a con¬ 
science duty to exercise such a vote for the individual and 
the common good. 

THE PEOPLE’S DUTIES. 

Every man has a vote in the conduct of public affairs, 
not alone as a privilege, but as a duty. He must share in 
the public expenditures and pay his share thereof. He must 
contribute in the defense of the common public good. This 
conception is a logical conclusion when we consider the 
grant of citizenship as an implied or tacit contract. The 
individual secures some legal rights and in return accepts 
some duties. 

1. A good citizen will always vote at every election, 
unless prevented by a legal obstruction or some other suf¬ 
ficient cause. 

2. A good citizen will vote wisely, having the good of 
the state at heart, as well as his own. 


DEMOCRACY AND CITIZENSHIP 


107 


3. He will not refuse to serve the country or state, 
whenever elected, and do such duty to the best of his abil¬ 
ity. This point would cover the military duty even, if need 
there be. 

4. He will not jeopardize the peace and welfare of his 
country, nor of any of his fellow citizens. The public good 
is paramount to his own. 

This last point covers a multitude of points of a wide 
range; patriotism, property rights and their violation, pub¬ 
lic good, public nuisances, public welfare, public health, 
education and many more. 

Education. Under education we might emphasize its 
need to fit men for the complex problems of life. There 
should be a certain amount of compulsory and of optional 
education. Vocational training and the use of the libraries 
are certainly of great importance. There can be no intel¬ 
ligent citizenship without education. 

Public Health. There are certain rules to be observed, 
not from the standpoint of personal welfare alone, but par¬ 
ticularly for the common good. This is a characteristic civic 
duty. The water supply must be adequate and clean; foods 
which are liable to infection should be kept wholesome in 
marketing and use; the disease carriers (flies, mosquitoes) 
should be eradicated, utensils for common use should be 
kept sanitary; spitting in public places should be forbidden; 
the workshop, the factory, the school and the church should 
always comply with the rules of public health. It is the 
citizen's duty to prevent the endangering of public health. 
“Thou Shalt not kill" does mean more than it has hitherto 
implied. 


THE INDIVIDUAL’S CONCERN. 

The individual must know these laws and rules in order 
to perform them. Therefore we deem civic knowledge a 
duty^ not lightly to be borne. 

1. The individual should know how to vote, as well as 
the effect of his vote. He should know the process of legis- 


108 


DEMOCRACY AND CITIZENSHIP 


lation; he should watch current events in matters of legis¬ 
lation, in order to judge whether it complies with his own 
ideals. 

2. He should participate in the exercise of civic duties; 
he should participate in matters of public concern, whether 
of an obligatory or remediary character. 

3. He should keep informed on the laws of his country 
to be able to perform his civic duties. 

4. He should treat his fellow citizens in a spirit of 
fairness and fair play in all matters of public concern. We 
even hold that such a spirit of fairness is essential in per¬ 
sonal affairs. 


CIVIC KNOWLEDGE. 

The methods of representation have been discussed un¬ 
der the head of political science. 

Civic Organization. Government is the organization of 
society to establish justice, provide for the common defense 
and to carry on public works for the good of the community. 
The organization usually takes the form of small groups, 
which groups unite into a compact whole. The small groups 
take the form of towns or cities, while the larger groups 
are known as counties, districts, provinces or states. 

The means to the end is the incorporation of towns and 
states. The corporate towns, as also the states, can be sued 
and can sue, can borrow money, buy and rent property for 
public purposes and the exercise of their corporate powers. 

THE ADmNISTRATION OF JUSTICE. 

Laws are made to be obeyed and enforced. On the other 
hand laws are for men, and not men for the law. Further¬ 
more, law cannot be considered greater than the men who 
made it. Ancient administration of justice was rigid; the 
slightest infraction entailed the severest punishments. 
Mutilation and the death penalty were very common, espec¬ 
ially under the monarchies before the period of modern 


DEMOCRACY AND CITIZENSHIP 


109 


civilization. Democracy has brought mankind more human 
administration of justice and serves better its lofty pur¬ 
pose—perfection. 

Ancient methods of administering justice were: The trial 
by ordeal, where the decision was left to chance or fate. 
(Walking on hot plowshares, etc.); the trial by battle, 
where the decision was left to a contest of body strength 
and skill, personally or by champion; the arbitration, where 
the decision was left to a third party in whose integrity and 
sense of justice both contestants had confidence; the folk 
moot, a popular trial by jury of the Saxon race, which sur¬ 
vived in a modern form to this day. The folk moot devel¬ 
oped into the jury trial of the present day. “The trial by 
his peers” is one of the foundations of democracy as of any 
stable government and a distinct boon of modern civiliza¬ 
tion. 


CAUSES FOR ACTIONS OF THE JUDICIARY BRANCH. 

The causes for actions by the judiciary branch may be a 
civil or a criminal action. The civil action has for its object 
the protection and enforcement of a private right, or the 
securing of compensation for an infraction thereof. The 
criminal action has for its object the trial and punishment 
for violations of statutory and constitutional law, or express 
statutes, and to take steps for the prevention of crimes 
against the public weal and welfare. 

The Procedure. The modern procedure in civil suits 
involves the following steps and processes: 1. The com¬ 
plaint; it must be filed with a competent court or officer; 
it is a notice and a prayer for redress. 2. The summons; 
it is a notice and the command to the defendant to answer 
the charge. 3. The pleadings; they constitute the answer 
of the defense. The answer of the defendant may assume 
the form of a counter-complaint; in this case the plaintiff 
is entitled to a further reply. 4. The jury; men impaneled 


110 


DEMOCRACY AND CITIZENSHIP 


to hear the case and to decide it are called a jury. The 
power of the jury varies with cases, conditions and coun¬ 
tries. 

The Trial. The trial consists of: 1. The opening state¬ 
ment which is the introduction of facts to be proved by the 
plaintiff through his attorney. 2. The evidence, the state¬ 
ment of the plaintiff and of his witness, and the cross exam¬ 
ination by the plaintiff through his attorney. 3. The argu¬ 
ment; the plaintiff now argues the case before the jury, 
rehearsing before the jurors the salient points educed from 
the evidence gathered. The defense follows, to prove its 
case in a similar manner. The attorneys must confine them¬ 
selves to law, to admitted facts and evidence. 4. The judg¬ 
ment; the justice pronounces judgment after hearing the 
verdict of the jury. 5. The appeal; the defeated party may 
resort to appeal to a higher court for relief from the 
decision of the lower court. In this case he gives notice 
thereof within the appointed time. 6. The execution; if 
the defeated party does not voluntarily satisfy the judgment 
the court may resort to execution against the property of 
the adjudged. 

The Criminal Action. The criminal action consists of 
the complaint under oath which may be entered by the 
sufferer or anyone else; the warrant to give notice to the 
defendant of the complaint and an order of arrest to the 
officer; the return, an instrument recording the execution 
of the warrant; the bail, a surety for the appearance in 
court; subpoena, the order for the appearance of witnesses. 

The trial is similar to the one in civil cases, except that 
the justice through the clerk of the court states the nature 
of the complaint. The defendant may plead guilty or not 
guilty; in the latter case the trial proceeds as in a civil 
action. 

Other Actions Possible. The “binding over” for trial 
in a higher court, the throwing into receivership, the re¬ 
straining order, the injunction, the probation of a will; all 


DEMOCRACT AND CITIZENSHIP 


111 


these actions have in essence the same form. Every action 
must be shown by complaint or order of court and the 
answer of the person cited to court; every action assumes 
the form of a trial. 

The Drawbacks of the Present System. It has been con¬ 
tended that justice under the representative government is 
expensive and cumbersome. The charge is not without 
foundation. The limited monarchy has served better the 
ends of justice in this respect; it has meted out justice more 
conservatively than the republican form of government. 
There are a few points where the latter may be too strict 
or wanting in democratic conception. 

It is a common law principle that every man is innocent 
until proved guilty. How can this harmonize with the con¬ 
finement of the accused in jail, when unable to give bond? 
The man with moderate means, the poor with no means at 
all, will usually have difficulty to secure bond, while the 
infiuential, the rich, the man of means can do so without 
difficulty. These conditions cannot be countenanced in the 
light of modern democracy. 

In a civil action similar conditions prevail and are 
more apparent still. The appeal requires bond for the costs 
of the suit, or for the costs in the case of appeal. The man 
of moderate or no means is at a disadvantage, not being 
able to bear the burden imposed by the costs or the fees 
of expensive counsel. 

The procedure of today tends towards the hiding of the 
truth instead of bringing it out. The need of reform of 
our courts has been emphasized, not alone by laymen, but 
also by members of the bar. 

Remedies Proposed. There have been remedies proposed 
to ameliorate present conditions. These may be summed as 
follows: 

1. Simplification of laws; that the man of ordinary in¬ 
tellect may understand their purport and meaning. 


112 


DEMOCRACY AND CITIZENSHIP 


2. Reduction of the laws to a minimum number. Multi¬ 
plicity of laws is not conducive to justice. 

3. The teaching of the more common civil and criminal 
laws in the upper classes of our schools, to circumvent the 
case of “ignorance of the law.” 

4. Simplification of court procedure, so that the layman 
to the legal profession may follow and grasp its importance. 

5. The substitution of the bail by some other means 
(Bail parole, etc.) to take care of the cases where poverty 
is the only obstruction to admittance to bail. This seems 
to be the most important need of the present time. 

Our political life with its party systems is chiefly respon¬ 
sible for many drawbacks and evils existing. The contest 
is carried from the polls into civil life and creates inevitable 
strife and misery. It is not a contest for the man, but for 
the party, and therein lies the source of the evil, which 
after all is only a human trait. 

COMMON DEFENSE. 

The protection or common defense implies the execution 
of the will of the majority. The persons intrusted with this 
task are the civil and the military oflicers. The civil officers 
for the enforcing of the public and national peace are the 
police, the constable, the marshal and their deputies. In 
case of necessity the state militia may be called into service. 
The military organization takes care of the external peace. 
The organization of the military should be in the hands of 
the federal government. It is to be hoped that national 
armament can be dispensed with; as yet it must stand as a 
necessary nuisance. 

To carry on public works, for the benefit of the public, 
persons are delegated. The chief officers are the mayor, 
governor or the president; the treasurer handles the finan¬ 
ces, the secretary or the recorder the records; the coroner 
and the board of health, the railway commission, the sec- 


DEMOCRACY AND CITIZENSHIP 


113 


retaries of commerce, of labor and of agriculture have their 
share of duties to perform and are civil officers. 

These officers may be elected or appointed. It is of the 
highest importance that elections are stationary as to time 
and manner of election, as therein lies the comparatively 
safe guarantee for the foundation of democracy and of rep¬ 
resentative governmtnt. 

The constitution is the foundation of government, laying 
down rules and laws under which the organization takes 
place and is to be carried on for the good of the common 
weal. 




DEMOCRACY AND CITIZENSHIP 


115 


PART VII. 


DEMOCRACY AND DAW. 

Blackstone defined law as the rule of human conduct 
or action. The term, as generally understood, implies civil, 
municipal or state regulations of a nation. 

There are several kinds of law: business law, civil law, 
criminal law, natural law, common law, religious law, 
and statutory law. 

COMMERCIAL LAW. 

Business law or commercial law governs mercantile or 
business transactions, and deals with contracts, agencies, 
partnerships and corporations, commercial paper or in¬ 
struments. 

The Contract. A contract is an agreement between 
two or more persons, containing on the one hand, an offer, 
and on the other an acceptance. Contracts may be ex¬ 
pressed or implied. The first is definitely stated in words, 
the latter is understood from the circumstances. 

The essentials of the contract are: 1. The contract 
must be a lawful act. 2. The thing contracted must be 
positive in its nature. 3. The parties must be competent 
to contract. 4. The assent of the parties must be complete. 
5. The promise must be for a consideration. 6. The con¬ 
tract must rest on true statements and be free from fraud. 
7. Some contracts must be in writing, agreements for sale 
of guaranty especially, when extending over a space of time. 

The Guaranty is an agreement by which a third person 
agrees to perform an engagement, relating to a contract 
between two or more persons. 

In mailing a contract, acceptance takes effect at the 
time of mailing, if in accordance with the original proposi¬ 
tion. Verbal or written acceptance is express assent and 



116 


DEMOCRACY AND CITIZENSHIP 


binding. A contract made under mistake of law is not 
void, provided the contract is otherwise lawful. The con¬ 
tract can be ended only by the consent of both parties. The 
considerations are technically divided into valuable and 
good. If the consideration need not be expressly stated, 
it is implied. A promise to marry is a valuable consider¬ 
ation. Consanguinity or affection constitutes a good con¬ 
sideration. 

Fraud, restraint of trade, opposition to public policy, 
impediment of justice, restraint of marriage contrary to 
insolvent acts or for immoral purposes, are grounds for 
invalidating a contract. 

The Agency. An agent constitutes a person authorized 
to act for another in dealing with other persons. The 
principal is the person for whom the agent acts. An agency 
may be established by implication (an express agreement 
with a person, that he is to become the agent of another, 
not being necessary), verbally or by writing. Verbal author¬ 
ity is sufficient to make a contract even in cases where such 
contracts must be in writing. The agency may be special, 
general or professional. The special agency is authority 
for special purposes; the general is authority for trans¬ 
action of business of a particular kind, or growing out of 
a particular employment. The professional is licensed by 
the proper authorities for certain transactions of business 
for compensation. 

The responsibility of the principal is determined by 
contract and covers any authorized act of the agent, whether 
implied or expressed. The agent is responsible to the prin¬ 
cipal for his acts in performing the powers of agency. 

The agency may be terminated by death of either prin¬ 
cipal or agent, by revocation of authority or by the opera¬ 
tion of law, as bankruptcy, or lunacy judicially declared. 

Ifnfants, married women, lunatics, idiots, aliens, bel¬ 
ligerents, and in general all persons incapable of making 


DEMOCRACY AND CITIZENSHIP 


117 


legal contracts, cannot act as principals in the appoint¬ 
ment of agents. 

It is common sense teaching not to do through an 
agent, what would be illegal for yourself, to repudiate 
promptly the illegal act of the agent; to refuse benefits 
deriving from the illegal act of the agent; not to appoint 
sub-agents without the principal’s consent; not to go be¬ 
yond your authority unless willing to assume personal 
responsibility; not to accept the agency, nor to act as an 
attorney in fact, unless your powers are clearly defined in 
writing. 

The Partnership. The partnership is a mutual agree¬ 
ment of two or more persons, joining skill and property to 
prosecute a common enterprise and to share profit or loss, 
resulting therefrom. There are several kinds of partners: 
the ostensible partner takes all the risk as well as all the 
benefits and whose name appears before the public; the 
nominal partner whose name appears before the public, but 
who has no real interest in the business; the dormant or 
silent partner whose name does not appear before the 
public, but who, nevertheless, has an interest in the busi¬ 
ness; the special or the limited partner who shares in* 
the business in proportion to the capital invested; the gen¬ 
eral partner who manages the business while the capital, 
either in part or in whole, is supplied by special partners. 
The latter are liable for all the debts and all the contracts 
of the firm. 

The firm is bound by the act of any of the partners and 
each member is liable for the debts of the firm. The 
rights and duties toward each other is fixed by agreement. 
In limited partnership the private property cannot be 
taken for debts of the firm. The nominal partner renders 
himself liable for the debts and contracts of the firm. The 
dormant partner becomes liable for the debts, whenever he 
has an interest in the firm, whether the creditors trusted 
the firm on his account or not. 


118 


DEMOCRACY AND CITIZENSHIP 


A prudent man will not enter a partnership without 
carefully drawn up articles, nor without deposit of the 
partnership funds; he will not enter a firm unless he is 
willing to assume the debts of the firm; he will not mix 
private matters with partnership business and not continue 
partnership where trust and confidence are lacking; he 
will not continue partnership after expiration of articles 
of partnership, nor make change without due public 
notice; he will not dissolve partnership without due notice 
nor without provision for the settlement of outstanding 
matters. 

The Corporation. Corporatjions are in fact limited 
partnerships, combination of the resources with limited 
liability however. 

The management of affairs is conducted by elected 
officers. The corporation powers are limited. The cor¬ 
poration is liable only for contracts made within' the 
powers of its charter. Debts incurred are against the cor¬ 
poration, but not against the individual stockholders. Most 
states have almost similar laws relating to corporations. 

THE COMMERCIAL PAPER. 

For the purpose of facilitating commercial transactions 
the use of negotiable instruments has been devised. They 
are of ancient origin, have a well esablished use in the 
mercantile world and are, in many instances, expressly 
sanctioned by statute. They are the promissory note, the 
certificate of deposit, the warehouse receipt, the draft, 
the check and the due bill. 

The Promissory Note. The promissory note is a written 
promise to a person, his order or bearer, to pay a specified 
sum within a specified time; it is a prima facie evidence of 
debt. 

The Certificate of Deposit. It is in effect a promissory 
note, given by the bank to the depositor. 

The Warehouse Receipt. This paper is technically not 
negotiable, but is frequently declared so by statute. The 


DEMOCRACY AND CITIZENSHIP 


119 


receipt has the same effect as the delivery of the property 
itself. 

The Draft. It is a written order of one person to 
another, directing him to pay a definite sum of money to 
a third person at a certain time. 

The Check. It is a draft for immediate payment, 
drawn upon a bank or banker. 

The Due Bill. It is not distinguishable in general ef¬ 
fect from a promissory note; it is governed by the same 
rules and assignable in the same manner. 

In the case of a note, a certificate of deposit, a ware¬ 
house receipt and a due bill, the maker of the instrument 
is the payor, the person to be paid, the payee; in the case 
of drafts and checks the person ordering the payment is 
called the maker, the person or bank drawn upon, the 
drawee, and the person paid, the payee. 

The negotiable paper can be transferred by indorse¬ 
ment which may be blank (name simply), general or full 

(pay to., or pay to. or order), qualified 

(without recourse after name), conditional (pay. 

unless forbidden before maturity), and restrictive (pay 
.only). 

Responsibility In Case of Negotiable Paper. The 
maker is responsible to the payee, if all the requisites of 
a binding contract are present. The drawee is responsible, 
when he has accepted the draft, as he then assumes the 
position of a maker of a note; the indorser is responsible 
as he enters a contract with each person coming into the 
possession of the note; the drawer is responsible to the 
payee if the drawee does not pay. The latter’s position 
to payee is that of a surety or first indorser. 

The Deed. Is an instrument for the transfer of prop¬ 
erty. The parties must be competent to contract; the in¬ 
strument must be printed or written on parchment or 
paper; there must be an object proper to grant, and a 
sufficient consideration; there must be an agreement prop¬ 
erly signed; it must be sealed and signed; it must be at- 






120 


DEMOCRACY AND CITIZENSHIP 


tested by witnesses in absence of statutory regulation to 
the contrary; it must be properly acknowledged before a 
competent officer and recorded within the specified time 
and in the office prescribed by the state wherein executed. 

The maker of the deed is the grantor; the beneficiary 
of the deed, the grantee. By a general warranty deed the 
grantor covenants to insure the lands against all persons 
whatsoever; by special warranty deed he warrants only 
against himself and those claiming under him. A quit¬ 
claim deed releases all the interest which the grantor has 
in the land, whatever it may be. A deed of trust is given 
to a second person to hold in trust for the use or profit 
of a third person; the person holding is called the trustee. 

Alterations, erasures and interlineations, made after 
the signing of the instrument may void the deed. Such 
alterations, made before the signing, must be stated in the 
instrument. 

The Mortgage. Is a conveyance of property, real or 
personal, to insure the payment of a debt. The payment of 
the debt voids the mortgage. The maker of the mortgage 
retains possession, receives all benefits therefrom and pays 
all indebtedness thereon. The title to possession can only 
be transferred by process of law. 

The Assignment. Is a transfer of property made in 
writing; it is a transfer of the title in real or personal 
property, rights, actions or estates. The instrument is not 
bound to show a valuable consideration and the court 
assumes that assignment was made for sufficient consid¬ 
eration in absence of evidence to the contrary. Any in¬ 
strument, competent to show the intention of the con¬ 
tracting parties, is sufficient before the law. The assign¬ 
ment is not negotiable; the assignee warrants the validity 
of the instrument and waives any legal defense against its 
collection. The assignment carries with it all collateral 
security and guaranties of the original debt. An assign¬ 
ment for the benefits of creditors carries all the assignor’s 
property, not exempt from execution. 


DEMOCRACY AND CITIZENSHIP 


121 


The Bond. Is the written admittance of an obligation 
and the promise to pay a specified sum at a fixed time for 
a valuable consideration. The maker is called the obligor, 
the beneficiary the obligee. The bond, as a general rule, 
is conditioned by the performance or non performance of 
certain acts, whose omittance may void the bond. It 
differs from the ordinary note in having a real seal. 

The Bill of Sale. Is the written conveyance or trans¬ 
fer of real property. It is the convenient transfer of the 
title. The bill of sale alone will not protect the debtor. 
Actual and continued possession are essentials of a good 
bill of sale. 

The lien. Is a legal claim; it is a charge against real 
and personal property for the satisfaction of a debt or 
claim, a right of one to control, to hold, retain or enforce 
a charge against the property of another, until some claim 
of the former is satisfied or paid. 

Cases of bailment involve the common-law lien and 
confer the right to retain the property until the claim is 
paid. An equitable lien is one which is given effect in 
courts of equity. A maritime lien is enforced by libel in 
admiralty as the lien of the sailor for wages on vessel and 
cargo. A statutory lien is given by statutory provisions, as 
the mechanic’s lien, the materialman’s lien, the agricul¬ 
tural lien securing loans on crops, the judgment lien arising 
from a judgment. 

The lien must be filed to be valid, except the judgment 
lien. There are diverse laws with regard to these lien 
laws and the student might do well to read competent 
works on the subject. 

A lien may be waived by express contract, by neglect, 
by a new agreement, by allowing change of possession, 
by surrendering possession. 

THE CIVIL. LAW. 

The civil law deals primarily with the private rights 
of individuals in a community and with legal proceedings 


122 


DEMOCRACY AND CITIZENSHIP 


in connection with them. It deals with actions or suits, 
pertaining to rights or remedies to recover such rights, 
distinct from criminal law. 

It would be beyond the purpose of this work to cite all 
the laws which come under this heading. We will, how¬ 
ever, deal with civil actions and how they evolve. 

The civil action is brought by an individual for redress 
for a tort or wrong sustained. The cause for such action may 
be constituting a crime, then the state takes up the action 
against such individual. Therefore, we see, that the civil 
and criminal action are inter-linked. Any civil action does 
not bar prosecution by the state; nor does the criminal 
action bar the civil action by the person wronged. 

The infliction of a tort or wrong on another may in 
general be a suflicient cause for a civil action. This may 
occur in the following cases: Whenever a crime involves 
a tort or wrong to an individual, through conversion, mis¬ 
appropriation, falsiflcation, repudiation of any commercial 
paper or instrument, through invasion of property rights, 
titles or interests of another; through repudiation of con¬ 
tracts and agreements legally entered into; through neglect 
or non-performance of duties or relations existing under 
the law, as in the case of landlord or tenant, or the inn 
or hotel keeper and the traveller. 


CRIMINAL LAW. 

A crime is generally deflned as the omission or com¬ 
mission of an act commanded or forbidden under pain of 
punishment by the state or in its name. The ground for 
punishment is public policy and not individual redress, as 
in the case of a civil suit. 

When dealing with a crime we must remember well the 
following facts: That a civil action does not bar a criminal 
action by the state; that condonation or settlement by the 


DEMOCRACY AND CITIZENSHIP 


123 


parties concerned does not bar prosecution by the state; that 
consent by the party injured does not constitute defense 
which depends upon circumstances only; that the fact that 
the injured is in the wrong also, does not obliterate the 
crime. No person can consent to the breach of public 
peace or public morality; a person may consent to assault 
or battery not maiming, nor disturbing the public peace; 
the latter consent may be voluntary and made by a person 
mentally competent; want of consent is an essential char¬ 
acteristic of some crimes in which case consent may con¬ 
stitute a defense; negligence of the injured does not con¬ 
stitute a defense; mental torts are not invalidating judg¬ 
ment against redress under the civil law, but become im¬ 
material in criminal law. 

Crime may be said to exist under the common law, 
which derived its existence not from statutory law, but from 
customs, consent and practice of the people from times im¬ 
memorial; it may exist under statutory law which derives 
its existence from express action of a state or federal 
legislature. 

Crimes at Common I^aw. These are divided into treason, 
felony and misdemeanor. Treason is usually defined as 
“levying war against the country, or giving aid or comfort 
to its enemies.” The felony “is an offense punishable with 
death or loss of member, or loss of lands by escheat or 
forfeiture with confiscation of goods.” All crimes less 
than felonies are misdemeanors. 

The elements entering the crime are: General intent, 
motive not intent, general intent (presumed from act), 
special intent, constructive intent, intent in cases of neg¬ 
ligence, concurrence of act and intent. 

Persons Exempted From Responsibility of Crime. In¬ 
fants, insane persons, drunken persons, corporations, ig¬ 
norance or mistake of the law; ignorance or mistake of the 
fact at common or statutory law; accident or misfortune; 
justification in duress, coercion, necessity or provocation. 


124 


DEMOCRACY AND CITIZENSHIP 


Parties Concerned In Crime. The principals and the ac¬ 
cessories. The principal of the first degree is the person 
present at the commission of the crime, actually perpe¬ 
trating the deed personally or through an innocent agent; 
the principal of the second degree is actively or construct¬ 
ively present, aiding or abetting the deed. The accessory 
is not present at the commission of the deed, but does com¬ 
mand, counsel, or abet the principal; he is the accessory 
before the act; the accessory after the fact assists, com¬ 
forts the principals of the first or second degree, knowing 
their felonious act. The terms “aider” and “abettor” 
applies to principals, the term “accomplice” to all persons 
concerned in the crime, whether principals or accessories. 

The Act. The act may be an overt act, a solicitation, 
an attempt or a conspiracy. The law does not punish mere 
intention, but requires an overt act to carry it into execu¬ 
tion. The only exception is conspiracy, the question being, 
whether the conspiracy can be construed as being an overt 
act. “The attempt is an actual act with intent to commit 
the crime, but falling short if its commission.” The at¬ 
tempt must naturally connect with the completed crime, 
there must be a possibility to commit the crime, there must 
be a specific intent to commit the crime at the time of the 
act. The solicitation to commit the felony or other aggra¬ 
vated offense is a crime at common law; the refusal of the 
person solicited does not invalidate the crime (this point 
is under dispute). Conspiracy is “an agreement between 
two or more persons to do an unlawful act;” it is imma¬ 
terial whether the act is the final object thereof or only a 
means to the final end; the act may be against the public, 
a class, or associations of persons, or an individual; the 
act may be a crime in itself, or lawful, but unlawful in 
the means of attainment; it may be an injury to another 
person or class, though only a civil wrong and not a crime 
if committed individually; the crime is the unlawful com¬ 
bination, no further act is necessary; conspiracies are 
misdemeanors unless made felonies by statutory law. 


DEMOCRACY AND CITIZENSHIP 


125 


OFFENCES AGAINST THE PERSON. 

The offences against the person are: Homicide, mayhem, 
rape, assault and battery, false imprisonment, kidnapping 
and abduction. 

The Homicide is the “killing of a human being.” It 
may be classed as justifiable, excusable and felonious. 

To constitute homicide, the killing must be that of a 
human being; the blow or other act must naturally con¬ 
tribute to the death; other contributive causes are held to 
be immaterial; the death must follow the blow within a 
year and a day. 

The homicide is justifiable when the person kills in 
the performance of a legal duty, as in the case of the 
executioner, or that of an officer who must do so in course 
of performance of his duty. The excusable homicide is 
the one in self-defense or in defense of property, or the 
accidental homicide where the killing is committed in 
doing a lawful act, in a lawful manner. The excusable 
homicide must involve imminent danger to the person 
acting in self-defense; the latter must believe the danger 
to be imminent; he must have retreated as far as safety 
would allow. The man is not bound to retreat within his 
own habitation, he must not be the aggressor and must 
not have provoked the difficulty. In the case where he 
has provoked the difficulty and then retreats while the 
adversary follows, he is no longer the aggressor. When¬ 
ever he intentionally provoked the difficulty, the case is 
altered; the case is also altered when he had felonious in¬ 
tent to begin with. The killing of a human being without 
justification or sufficient excuse becomes felonious. The 
homicide may be classified as murder with malice afore¬ 
thought, where intent to commit harm or a felony is dis¬ 
tinctly in evidence; when such malice aforethought is 
not in evidence the homicide becomes a manslaughter, 
which may again be classed as voluntary or involuntary. 

Mayhem. Common law defines mayhem as “a hurt 
of any part of a man which deprives him of the power to 


126 


DEMOCRACY AND CITIZENSHIP 


defend himself or to annoy his adversary.” Statute does 
cover simple disfiguring. While some states have made it 
a felony, it is held a misdemeanor in others. 

Rape. “Carnal knowledge of woman without her con¬ 
scious knowledge and consent.” Conscious consent is not 
admissible when the woman is under age, when extortion 
by fear of bodily harm or exaction of consent by fraud are 
used to secure consent. 

Assault and Battery. “Assault is an attempt to offer 
or to do a corporal injury to another with force or 
violence.” The absence of aggravating circumstances 
make it a common assault, while with these it becomes 
an aggravated assault. The battery is an assault whereby 
force is used; the force may be very slight to constitute 
a crime. A trial for criminal assault must show the ability 
to commit battery and the presence or apparent presence 
of the act of battery. 

False Imprisonment. “Any unlawful restraint of a 
man’s liberty” is a misdemeanor at common law. 

Kidnapping is “false imprisonment aggravated by con¬ 
veying” (and in many states by a mere intent to convey) 
“the person imprisoned to another place.” It is a misde¬ 
meanor at common law. 

Abduction. The “taking of woman without her consent 
or the consent of her parents or guardian, for the purpose 
of marriage or prostitution.” It is usually not a crime un¬ 
less made so by statute. 

THE OFFENCES AGAINST HABITATION. 

Arson is “the malicious burning of the dwelling house 
of another.” The act must be burning, however slight. 
The house must be of the dwelling type or outhouse in 
connection therewith; it must belong to another at least 
as occupant. The burning must be malicious. Arson is 
felony at common law. 

Burglary. It is “the breaking or entering into at night 
of a dwelling house of another to commit a felony therein. 


DEMOCRACY AND CITIZENSHIP 


127 


by force or otherwise." It must be actual or constructive 
breaking, an actual entry of the dwelling house of an¬ 
other (the outhouse is not included here); the act must 
be committed at night, the intent to commit a felony in 
the house must be in evidence. Burglary is an offense at 
common law. 

OFFENCES AGAINST PROPERTY. 

Earceny is the “taking or removing by trespass personal 
property of another with felonious intent." The trespasser 
must know or constructively know that such property be¬ 
longs to another; the thing taken must be personal prop¬ 
erty, not real property; it must be actually removed; the 
intent must exist at the time of taking; the trespasser 
must have no claim of right. The statute defines larceny 
over a certain sum as grand larceny, while all such below 
a certain sum constitute a petit larceny. There is also lar¬ 
ceny by bailee. The delivery of a property to an agent 
dependent upon a contract to be performed, constitutes a 
bailment; the person parting with the property is the 
bailor; the person receiving it, the bailee. The misap¬ 
propriation of such property would constitute larceny by 
bailee. 

Embezzlement is the “fraudulent appropriation of prop¬ 
erty by one not in lawful possession, but entrusted with 
its care." 

Cheating is “appropriation of the property of another 
by fraudulent means or illegal practices which may affect 
the public and against which common procedure cannot 
guard, provided the offence does not constitute felony 
otherwise." 

False Pretenses. “Knowingly and designedly obtain¬ 
ing property of another by false pretenses with intent to 
defraud" is not a crime at common law, but is made so 
by statute. The pretense must be false as to past and ex¬ 
ternal facts, not a mere promise or opinion; it must be 


128 


DEMOCRACY AND CITIZENSHIP 


knowingly false on the part of the person performing the 
wrong; there must be intent to defraud; it must deceive 
and defraud and therefore must be believed, and the prop¬ 
erty must be parted with because of the representation. 

Robbery* Robbery is nothing more than “aggravated 
larceny, but by violence or intimidation and against the 
owner’s will.” The property must be taken with intent to 
steal. It is a felony at common law. 

The Receiving of Stolen Goods is made a misdemeanor 
by statute. The property must have the character of 
stolen goods when received; the receiver must take actual 
possession; the receiver must have knowledge that the 
property was stolen; the receiver must have felonious in¬ 
tent. 

Malicious Mischief is the “wilful physical injury to 
property from ill will or resentment against its owner.*’ 
It is a misdemeanor at common law. 

Forgery is the “fraudulent making or altering of a 
writing predjucial of another man’s rights.” The alter¬ 
ation must be false, material and made with intent to 
defraud; the forged instrument must have apparent legal 
value or ability to impose a liability. It is a misdemeanor 
at common law, but generally a felony by statute. 

Uttoring of a Forged Instrument is a direct or indirect 
offer of a forged instrument by words or actions. Know¬ 
ledge of the falsity of the instrument combined with the 
intent to defraud make it a misdemeanor at common law. 

OFFENCES AGAINST PUBLIC HEARTH, SAFETY, 
PUBLIC COMFORT AND MORALS. 

Nuisance In General is a “condition of things, prejud¬ 
icial to health, comfort, safety, property, sense of decency 
or morals.” The act must not be warranted by law and 
result from neglect to perform a duty imposed by law. 
It is a misdemeanor at common law. 


DEMOCRACY AND CITIZENSHIP 


129 


Bigamy, Polygamy. “The marriage of persons other¬ 
wise married to persons other than wife or husband without 
previous legal annulment.” 

Adultery is “the voluntary sexual intercourse of mar¬ 
ried persons out of wedlock.” Both parties are guilty of 
a common law misdemeanor. 

Pomiflcation is “unlawful sexual intercourse under cir¬ 
cumstances not constituting adultery.” 

liewdness is “illicit cohabitation.” Open and notorious 
illicit cohabitation is a common law crime. 

Incest “is illegal sexual intercourse by persons related 
under the law.” Consanguinity or aflBnity is the require¬ 
ment to constitute crime and generally so declared by 
law. 

Misgenation “is the intermarriage or illegal cohabitation 
of white and negro races in adultery and fornification,” 
a statutory offence in some states. 

Sodomy. “Carnal copulation of man with man, or man 
with woman in a manner with a beast.” 

Seduction “is the enticing of a woman of previous 
chaste character to sexual intercourse by persuasions and 
promises.” 

Abortion is “to cause or procure the miscarriage or 
premature delivery of woman.” The consent does not altar 
facts. It is a crime in most states. 

OFFENCES AGAINST PUBMC AUTHORITY 
AND JUSTICE. 

Barratry, Maintenance and Champerty. “Barratry is 
stirring up suits or quarrels at law or otherwise.” Main¬ 
tenance is the “ofBcious intermeddling or interposing in 
law suits without personal interest therein by assisting 
one of the contesting parties with money or otherwise.” 
Champerty is the “bargaining with plaintiff or defendant 
for a division of the property or interest sued for, wherefore 


130 


DEMOCRACY AND CITIZENSHIP 


the champertor is bound to carry the suit at his own ex¬ 
pense." Encourageing of strife and litigation is injurious 
to public justice. 

Obstmction of Public or Private Justice is resisting or 
obstructing an officer in the exercise of his duty," as pre¬ 
venting the attendance of a witness or in aiding his escape. 
Obstruction of justice is a common law crime. 

Embracerj' is an "attempt to influence a jury to render 
a one-sided verdict by promises, persuasions, entreaties, 
money, entertainment or otherwise." 

Escape, Prison Breach or Rescue. To “negligently allow 
the escape of a prisoner from lawful custody, otherwise 
than by due course of law," is a crime. "Voluntary escape 
from lawful custody without breach of prison" is a crime. 
The prison breach is the "breaking out or going out of the 
place of lawful confinement." The rescue is “the forcible 
delivery of a prisoner from lawful confinement, the rescuer 
well knowing of the custody of the rescued. 

Misprision is the "criminal neglect to prevent a felony 
from being committed or to bring to justice the offender 
after the commission of the crime." 

Compounding Crime. This crime is also called theft- 
bote; it is committed by one who knows of the commission 
of a crime and agrees not to prosecute it. 

Perjury is the "wilful and corrupt giving of testimony 
prejudicial to justice, or altering materially the issue of 
judicial inquiry, upon oath or in any form allowed by 
law." It is a misdemeanor. 

Subordination of Perjui*y. "Procuring or securing per¬ 
jury of another is subordination of perjury. The latter 
must be actually committed. 

Bribery is soliciting or receiving of reward to influence 
any official act whether of a judicial officer or not 

Malfeasance of Office is any "illegal act or abuse of 
discretionary powers from an improper motive under color 
of exercising the duties of the office." 


DEMOCRACY AND CITIZENSHIP 


131 


Extortion is the “taking of money, property, or val¬ 
uables, not due at the time of the taking from persons 
under cover of office." 

Oppression consists in the inflicting upon any person 
bodily harm, imprisonment or other injury, not amounting 
to extortion, under cover of justice." 

Fraud and Breach of Trust in Office, affecting the pub¬ 
lic, whether criminal or not if committed against a private 
person, is a misdemeanor. 

Nonfeasance is the “wilful neglect of official duties 
required by law or statute of any officer." The danger 
must, however, not be attended by greater danger than a 
man of ordinary firmness and activity may be expected 
to encounter. 

Refusal to Accept Office. Many states make it a mis¬ 
demeanor “to refuse or take upon the duties of public 
office, if duly appointed by law." 

OFFENCES AGAINST THE PUBLIC PEACE. 

General Disturbance of the Peace. “Any wilful and jus¬ 
tifiable disturbance of the public peace, sufficient to attract 
the notice of the law" is a misdemeanor at common law. 

Dueling. It is a misdemeanor to “challenge another to 
a fight, or duel, or to be the bearer of such challenge, or 
to provoke another to such a challenge." 

UnlauTul Assembly is “the assembly of three or more 
persons with intent to commit crime by open force, or with 
intent to carry out a common purpose which would give 
persons reasonable ground to apprehend a breach of the 
peace." 

Bout. “Is the unlawful assembly which has begun to 
execute the purpose for which it assembled." 

Riot. “The riot can be an unlawful assembly which 
has actually begun to execute the purpose of the assembly 
by a breach of the peace and to the terror of the public; 
it may also be a lawful assembly which proceeds to execute 
an unlawful purpose to the terror of the public, although 


132 


OEMOCKACY AND CITIZENSHIP 


such purpose did not exist at the time of the assembling.” 

Affray is “the fighting of two or more persons in a 
public place to the terror of the public.” 

Forcible Entry Is “the violent entrance upon the real 
property occupied by another with menace, force and arms 
and without authority.” 

Forcible Detainer is “the detention of the possession of 
the property by the same force.” The original entry may 
be forcible or peacful. 

Libel is “the malicious publication of any writing, sign, 
picture, effigy, or other representation, tending to expose 
any person to hatred, contempt or ridicule.” 

OFFENCES AGAINST THE GOVERNMENT. 

Treason is “levying of war against the United States, 
or adhering to their enemies, or giving them aid and com¬ 
fort.” This definition varies with different states. 

Misprision is “the wilful concealment of the commission 
of treason against the United States by one owing alle¬ 
giance.” 

Offences Against the Post Office. “To negligently or 
intentionally obstruct the United States mail, to enclose 
letters with printed matter, to detain letters, to destroy 
letters, to post obscene letters and books or writing, to 
counterfeit stamps, to commit larceny or robbery or em¬ 
bezzlement from the mails, to receive stolen articles from 
the mails” are all statutory offences. 

Abuse of the Franchise. “Illegal voting” is a crime at 
common law; it is also regulated by the statutes of the 
different states. It is also a common law crime to usurp 
office, to offer violence to voters. Betting at elections is a 
crime in many states. 

Forestalling, Regrating and Engrossing. “Buying up 
and hoarding provisions and other products for the pur¬ 
pose of obtaining monopoly or to sell them at enhanced 
prices” is considered criminal at common law. It is abol¬ 
ished in England and is not a common law crime with us. 


DEMOCRACY AND CITIZENSHIP 


133 


OFFENCES AGAINST THE LAW OF NATIONS. 

Piracy is “robbery or forcible depredation of the high 
seas, without lawful authority and done in the spirit and 
with the intenton of universal hostility.” It is practically 
the same offence as robbery on land. Piracy is a felony. 

INTERSTATE AND INTERNATIONAL LAW. 

Jurisdiction. The limits of territory of a nation, bor¬ 
dering on the ocean, extend into the ocean at least one 
maritime league. The United States are considered as one 
nation. 

The boundaries between adjacent countries are deter¬ 
mined by treaties. Wherever natural lines of boundary 
are adopted, the lines run usually in the middle of the 
stream, river or lake. Territorial limits of a state are 
usually coincident with the limits of the United States, 
both on land and sea. The boundaries between the states 
are determined by charters and compacts of the original 
states or subsequent pacts and by acts of admittance into 
the Union. 

A country cannot punish crimes committed outside of 
its territory. The ships of a nation are regarded as float¬ 
ing territory; such nations can therefore punish crimes 
committed on its vessels, wherever they may be. A nation 
has the power to punish crimes committed by its citizens 
abroad. A person can be convicted for a crime committed 
within the territorial limits of a nation through an innocent 
agent, whenever such person puts in motion a force which 
takes effects within these limits. 

It is accepted that a state within a nation has no jur¬ 
isdiction to punish crimes committed outside of its ter¬ 
ritory. The state has no jurisdiction over crimes committed 
by its subjects abroad. It may, however, punish crimes com¬ 
mitted without, whenever they take effect within the state 
and constitute a crime within this state. 


134 


DEMOCRACY AND CITIZENSHIP 


The federal courts have no criminal jurisdiction by 
virtue of common law. They can exercise such power 
only by virtue of expressly conferred statutes authorized 
by law. Congress can confer only such jurisdiction as is 
authorized by the constitution. 


DEMOCRACY AND CITIZENSHIP 


135 


PART VIII. 


DEMOCRACY AND IDEALISM. 

The purpose of this work could hardly be called com¬ 
plete, without a discussion of democracy from the stand¬ 
point of idealism. To do this, we will discuss first the 
failure of past and present democracy, in order to draw 
a sharp contrast between these and its idealistic con¬ 
ception. 

The Greek and Roman attempts at democracy defeat¬ 
ed their own purpose by limiting the number of citizens 
eligible to participation in the affairs of government. Citi¬ 
zenship was restricted in Greece and under the Roman 
empire. Every extension of civil and political privilege 
was preceded by violent upheavals and attempts at civil 
war. Their final failure was due mainly to the limita¬ 
tions of citizenship and the misapplication of the laws of 
property rights. 

The newer form of democracy recognizes equality of 
men as the essential law of democracy. It too has its 
defects and abnormalities, dependent upon the character 
of its supporters. Defective forms of democracy may be 
classified as follows: 1. The bureaucratic form in 

structure and effect (France of the 20th century.) 2. The 
military tyranny, when the military institution is used to 
enforce and establish party systems (iSpanish-American 
republics.) 3. Virtual despotism (Mexico). The financial 
oligarchy (Transvaal and the Athenian republics). 

Causes Retarding Democracy. Forces are always active 
in undermining public institutions in the interest of private 
power and prestige. The causes retarding the progress of 
democracy may be summed up as follows: 

1. “Aristocratic Traditions" which keep s^acred the 
principle of hereditary privilege. It prevented ancient 



136 


DEMOCRACY AND CITIZENSHIP 


democracy from coming into full development; it is re¬ 
tarding modern democracy in its unfoldment. 

2. “The existence of caste spirit,” whether hereditary 
or intellectual, was an effective barrier to democracy. It 
kept the individuals apart in their ideals, endeavors and 
mode of living. 

3. “The unequal industrial expansion” preventing a 
common understanding, so necessary for democratic pro¬ 
gress. 

4. “Unequal distribution of wealth,” unequal accessi¬ 
bility to the necessities and commodities of life. 

5. “Concentration of wealth.” This cause, more 
than any other, is responsible for the retardation of democ¬ 
racy; concentration of wealth always creates financial and 
aristocratic powers, a most effective bar to democracy. 

6. “The growth of poverty and the growth of depend¬ 
ent classes.” The wage slave has, as a rule, no time to 
think of politics and the perplexing problems connected 
with it. His chief concern is “to keep the wolf from the 
door.” 

7. “The military spirit and militarism.” Under militar¬ 
ism democracy can never find an abiding home. This cause 
was the downfall of many nations. No principle is strong 
enough to resist its exacting demands; it made and unmade 
peoples, nations and indviduals; it fostered human vice; 
it protected the spirit of dominion and crime. It is truly 
called the nemesis of true democracy. 

Obstacles to the Practice of True Democracy. Human 
nature shows its traits anywhere and under any circum¬ 
stances. Taste of anything will create a desire for more. 
Therefore it must be considered only human to strive for 
power and prestige. It is particularly under the repre¬ 
sentative form of government, that all manner of evils 
will manifest themselves. To equalize and correct these 
is a distinct purpose of democracy. Man must learn to 
give and take equally alike before democracy will really 
reach a certain degree of perfection. 


DEIOCRACY AND CITIZENSHIP 


137 


The root of all social evil is the abnormal desire for 
wealth and worldly possessions. When a man has acquir¬ 
ed a little fortune he usually considers himself superior to 
his less fortunate neighbor, thus laying the foundation for 
caste spirit. Little groups of men will gather here and 
there to devise ways and means to deprive the common lot 
of its just share. 

Money is power, exercises power and is always used 
in the interest of power. From concentration of wealth 
to concentration of power is but a little step. The only 
remedy possible is the instruction of the people at large 
in the knowledge of common rights and privileges, and 
in the sacred duty to insist upon these. 

The corruption of the franchise is the chief means to 
the corruption of democracy. The buyer and the seller of 
the ballot alike are guilty. The ultimate aim—corruption 
—is fostered knowingly by one and unwittingly by the 
other. Both are heaping misfortune upon their fellow 
citizens by defeating the will of the people and the triumph 
of right and justice. The control of the avenues of com¬ 
munication and public information are convenient ways to 
reach the end indicated. 

The pollution and abuse of public office is another means 
to defeat democracy. It is the direct violation of the 
people’s rights, upsetting their very foundation. Modern 
democracy has its own forms of violation of office, whenever 
it turns into bureaucracy, tyranny, financial oligarchy or 
virtual despotism. 

Does the representative really represent the will of the 
people? Unless he does there can be no talk of true 
democracy. Whenever the representative forgets his mis¬ 
sion in favor of individuals and groups of men, legislation 
will force upon the public laws not wanted and not in the 
interest of the public welfare. 

The whole history of democracy hinges upon a struggle 
of the common people with the privileged classes. It was 
and remains a fight for justice on the one hand, and at- 


138 


DEMOCRACY AND CITIZENSHIP 


tempts at control on the other. The pitfalls of democracy 
are varied and numerous. Unless the admonitions of the 
past are heeded attempts at democracy will be in vain 
and individual endeavors in this direction a bubble and a 
fairy dream. 

The Needs of the Hour. The famous words of King 
Richard I of England have merited emphasis at this time. 
Again could his words be repeated: “Because that which 
touches all should be approved by all.” The war of 1914- 
1918 has brought demands and sacrifices, and therefore the 
words quoted above are indeed timely. The problems of 
reconstruction and remedial legislation to mitigate the 
consequences of war at home and abroad are demanding 
special attention. 

The best program on social reconstruction so far ad¬ 
vanced comes from the noted economist, Sidney Webb. Let 
us here quote it to get a thorough hold on the problems of 
the hour. “His four pillars of the new social order are: 
1. Enforcement by law of a national minimnm of leisure, 
health, education and subsistence. 2. The democratic 
control of industry, which means the nationalization of all 
monopolistic industries and possibly of other industries, 
sometime in the future if the course be found advisable. 
3. A revolution in finance; that is, a system of taxation 
which would compel capital to pay for the war, leaving 
undisturbed the national minimum of welfare for the 
masses. 4. Use of the surplus wealth of the nation for 
the common good: i. e. to provide capital, government in¬ 
dustries, and funds for social, educational and artistic pro¬ 
gress. This program, is however, thoroughly socialistic, 
although it contains a most comprehensive and coherent 
program and a thorough good grip on the problems of the 
hour.” 

The Program of the American Federation of Labor is 
quoted here, because it is the laboring class which has 
been especially hit by the exactions of the war. The prin¬ 
cipal demands center around the legally guaranteed rights 


DEMOCRACY AND CITIZENSHIP 


139 


of the workers to organize and to carry on the normal 
activities of trade unions; the living wage; the retaining 
of the present scale of wages; the right to fix its hours of 
work, the eight hour day, the same standard of wage for 
men and women, the establishment of co-operative stores; 
the elimination of political organization among the working 
men. Among the laws demanded by the federation are: 
Abolition of child labor of children under sixteen years; 
abolition of private employment agencies; prohibition of 
immigration for two years and vocational education to 
fit the young for industrial life; the special tax on usable 
and unused lands; government housing; government 
ownership and operation of docks, wharves and water 
powers; taxes on excess profits, incomes and inheritances; 
limitation of the power of courts and their influence on 
constitutionality of legislation. Whether this program can 
be realized and whether it will be realized remain ques¬ 
tions to be solved in the near future. It contains some 
practical grievances which cannot lightly be overcome. 

The Social Service Program. The development of 
human personality, the education of the sense of social 
responsibility within the individual, and the training of the 
individual in the practice of these duties and responsibilities 
is in the last analysis the only program which will ulti¬ 
mately lead to the practice of true democracy. This edu¬ 
cation must begin in the cradle and continue on through 
life. Therefore a wise direction of individual and social 
activities is of the highest importance. The schools are a 
natural center of social organization, but are not altogether 
sufficient and satisfactory. Again the civic center and 
community center program is advocated to educate a spirit 
of co-operation and unity, for the mutual exchange of ideas 
on civic organization, as a center for dispensation of charity 
and many other activities. Again we must emphasize here, 
that democracy does not exist in unlicensed and unrestricted 
liberty, but conscious, active work for others with self- 
help in the back ground. The social service program 


140 


DEMOCRACT AND CITIZENSHIP 


might also be interpreted to mean a central organization for 
transacting general business for the common weal. This 
would touch problems of constructive compulsory co-opera- 
tion which has been discussed under another chapter. 

The Citizenship Program. The population of the United 
States is composed of the elements of many nations. We 
are relying upon immigration for the development of our 
nation. The assimilation of an immigrant population en¬ 
counters many obstacles of our own making and brand; 
these must be eliminated and much of the social dangers 
prevailing will eliminate themselves. “The administration of 
justice in the police courts must be purged of every prac¬ 
tice of injustice; small claims court should be established 
so that the claimants, native as well as immigrant, may 
secure their rights without cost. The arbitrary methods 
of police and inspection departments must be discontinued 
and every citizen and immigrant must be treated alike. 
The business of private and personal banking should be 
prohibited, except under close government supervision; 
employment agencies should be carefully watched to pre¬ 
vent private exploitation, as should business agencies cater¬ 
ing to foreigners; the payment of tribute for the right to 
work and for securing of a job should be treated as crim¬ 
inal and a public danger; legal and business aid bureaus 
should be established under government supervision."— 
Program of Citizenship by National Catholic War council. 

Democracy and Idealism. Idealism would base democ¬ 
racy upon two essential laws, upon which all others must 
ultimately rest: 

1. The rights of the individual precede the rights of 
the state. The individual is no more to be held the ulti¬ 
mate end of the state (the conception of the classic states), 
and he must be left alone to decide for himself his own. 
course as to his affiliation with persons and associations 
for his own and the public good. 

2. The rights of the state are next in order. The state 
must be supreme as to its own organization. This rule 


DEMOCRACY AND CITIZENSHIP 


141 


covers the point of self-determination, one of President 
Wilson’s fourteen points. It also covers the social and 
commercial relation among and between nations. 

Whenever the individual accepts citizenship in any 
nation or state he enters into a distinct relation there¬ 
with; he tacitly accepts to abide by the laws and regula¬ 
tions of such state or nation. The state or nation on the 
other hand agrees to secure the rights of the individual 
against internal or external aggression. By entering into 
the citizenship contract the individual forfeits his priority 
rights in favor of the public good. What does the state 
do for the individual? If the state contends itself to let 
the individual shift for himself under a general bill of 
rights, its share of the contract is negligible. External 
aggresion is not to be compared with internal aggression; 
the latter is more dangerous and usually more in evidence. 

Externally the practice of democracy would eliminate 
the evils characteristic to feudalism and the colonial policy 
of Europe; it would effectively eliminate the economic 
control of one nation by another, territorial annexations and 
aspirations and the systematic suppression of the national 
character of one nation by another. 

Internally the practice of true democracy would elim¬ 
inate the evils incidental to concentration of wealth and 
the means of production; dispensation of justice would as¬ 
sume a more equitable character, legislation would prove 
more democratic and party lines would vanish before the 
general aim—public welfare. 

Economic Iiiteraal Adjustment. It is evident today that 
an adjustment of internal economic conditions is neces¬ 
sary to preserve industrial peace. Control of wealth and the 
means of production has assumed the character of a 
national danger. The conception of democracy prevailing 
today is liberty. If liberty is identified with the license 
to gather and to hold to the injury of the fellow-citizens 
the compact under the state is violated and reduced to a 


142 


DEMOCRACY AND CITIZENSHIP 


mere formality. This is well recognized today, but the 
remedy to apply seems very much in doubt. 

The government under democracy is typified as the 
servant of the people. Then let it become the servant of 
the people, really, truly, in fact, in deed. This work has 
several times mentioned the establishment of communal 
state and national boards of trade. In applying these 
terms it did not refer to an institution established for the 
sale of stocks and bonds; it has in mind a central insti¬ 
tution through which the citizens of a community could do 
business with other individuals, communities and states. 
This institution might assume the duties of the bank, the 
jobber, the wholesaler, the transportation agent, the land 
office and many other duties. It would keep trace of the 
needs of different sections of the country, gather the surplus 
in one section and place it where it is most needed. The 
scheme would assume the nature of a public service cor¬ 
poration; it would be a modification of the present postal 
system; it would necessitate government regulation of 
railways, telephone and telegraph. In organizing these 
service bodies bureaucracy is the one evil to guard against. 

External Economic Adjustment. The above elementary 
rules concerning internal economic adjustment should be 
applied with regard to international relation in commerce 
and industry. As long as nations reach out for supremacy 
in commerce and industry to the detriment of another 
nation or people, international peace is an illusion and a 
mockery. Why should the control of important waterways 
be under control of any particular nation? Why should 
one nation be able to tell another to restrict activity in 
certain industrial lines? Any nation is entitled to the 
benefit of her labor. Let every nation buy and sell on the 
world’s market in accordance with her needs and liking; 
let there be a perfect exchange and wars and rumors of 
wars will be relegated to the past. International code of 
honor should not know of secret treaties, preferential 


DEMOCRACY AND CITIZENSHIP 


143 


rights, or favored nation clauses. They are wrong and 
hold within the elements of their own destruction. 

Personal Freedom and Democracy. Present and past 
failures of democracy were brought about by a wrong con¬ 
ception of its principles or their wilful perversion. To 
identify democracy with a license or grant to gather and to 
hold to the detriment of his fellow-men, is to pervert these 
principles in favor of minority rule. Personal liberty is 
contingent upon the rules, affecting the whole of society 
or state. Democracy in its widest sense means service— 
rigorous service—in the interest of the whole society or 
state, for only in doing for others alone can we gain the 
right to the services of others, which in the end is the only 
law of progress and civilization, capable to withstand the 
storms of times. Idealistic democracy never meant com¬ 
plete freedom; it consists rather in voluntary service and 
co-operation with others and for others with individual 
self-help in the background. Such conception must pene¬ 
trate civic consciousness and not until this is the case can 
democracy assume a stable character and permanency. 


THE END. 


144 


DEMOCRACY AND CITIZENSHIP 


BOOK RE3FERENCES. 

For the benefit of those who would like to study these 
subjects more closely we can refer to the following works: 

Democracy; 

“Newer Ideals of Peace,” by Jane Addams. 

“Spirit of Democracy,” by Lyman Abbott. 

“Efficient Democracy,” by W. H. Allen. 

“Problems of Modern Democracy,” by E. L. Godkin. 

Modeirn Civilization: 

“Modern Civilization,” by W. Cunningham. 

“Principles of Modern Civilization,” by Kidd. 

“History of Western Civilization,” by Guizot. 

Political Science: 

“The State,” by Woodrow Wilson. 

“Political Science and Comparative Constitutional 
Law,” by J. W. Burgess. 

“History of Political Theories,” by W. A. Dunning. 
“Political Value of History,” by W. E. H. Lecky. 
“Political Science,” by T. D. Woolsey. 

“Immigration,” by H. P. Fairchild. 

Political Economy: 

“Political Ethics,” by Lyman Abbott. 

“Outlines of Economics,” by R. T. Ely. 

“Principles of Political Economy,” by Stuart Mills. 
“Dictionary of Political Economy,” by R. H. I. PalgraTO 

Sociology: 

“The Social Theory,” by John Bascom. 

“Elements of Sociology,” by F. H. Giddings. 
“Introduction Into the Study of Sociology,” by E. C. 
Hayes. 

“Factors In American Civilization,” by the Brooklyn 
Ethical Association. 

“Man and the State,” by the Brooklyn Ethical Associa¬ 
tion. 


DEMOCRACY AND CITIZENSHIP 


145 


Civics; 

“Civics for Young Americans,” by W. M. Ciffin. 

“The Social Theory,” by John Bascom. 

“Handy Book of American Government,” by W. H. 
Bartlett. 

Law: 

“Elementary Law,” by W. P. Pishback. 

“Ready Lawyer,” by H. A. Gaston. 

“Law Dictionary Adopted to the Constitution and Laws 
of the United States,” by J. Bouvier. 

There are pamphlets and books on these questions in 
every library. We might mention here the pamphlets of 
the Catholic National War Council and a little work by 
the Rev. P. Casey, entitled “The Theistic Social Ideal or 
the Distributive State. 


146 


DEROCRACT AND CITIZENSHIF 


ANALYTIC INDEX. 


Page 


Abettor . 124 

Abduction . 126 

Adultery . 129 

Abolitionist movement.. 33 

Abortion . 129 

Absolutism .39, 43, 62 

Abuse of the franchise.. 132 

Accessory . 124 

Accomplice .. 124 

Act, (criminal law).... 124 

“ coinage .26, 34 

“ declaratory . 27 

“ habeas corpus ....26, 34 

“ navigation . 28 

“ non-intercourse .... 26 

“ settlement . 27 

“ stamp . 29 

“ tenure of ofl5ce....34, 35 

Action, civil . 109 

** ctiminap, ^. 110 

Acts of trade . 28 

Administration . 108 

“ of justice. 108 

Affray . 132 

Aforethought, malice.... 126 

Agency . 116 

Agitation for reform .... 27 

Agrarian law .14, 16 

Agreement . 116 

Allegiance, perpetual.... 32 

Amendments, 13 th. 34 

“ 16th.. 34 


Page 


Anti-trust laws . 36 

Applied civics . 105 

Argument . 110 

Aristocracy . 51 

Arrest . 110 

Arson . 126 

Assault . 126 

Assembly, unlawful .... 131 
Assignment . 120 

Bail .110, 111 

Barratry. 129 

Battery . 126 

Bigamy. 129 

Bill, catholic emancipa¬ 
tion . 27 

“ civil rights . 34 

“ colonial revenue.... 27 

“ great reform . 27 

“ ten-hour. 27 

“ of sale . 121 

Bond . 121 

Breach of trust. 131 

Bribery . 130 

Bureaucracy . 61 

Burglary . 126 

Cabinet government, 

origin of. 26 

Canons of taxation. 89 

Cannuleia, lex . 14 

Capital . 73 






















































DEMOCRACY AND CITIZENSNIP 


147 


INDEX— ( Continued ) 


Page 


Catholic emancipation 

bill . 27 

Certificate of deposit.... 118 

Champerty . 129 

Cheating. 127 

Check . 119 

Choice, methods of. 63 

Citizenship . 56 

“ acquisition of.... 57 

“ eligibility of. 58 

“ grant of . 58 

Civic knowledge . 108 

Civics, applied . 105 

Civil law . 121 

Civil rights bill . 34 

Civil service act. 35 

Civilization, modern 

. 39, 49, 54 

Class relation (abso¬ 
lutism) . 42 

Classic democracy . 7 

Coinage act . 35 

Commercial exchange.. 84 

“ law . 115 

“ paper . 118 

“ wars . 43 

Commercialism . 44 

Complaint . 109 

Constitution . 47 

Constitutionality of laws 62 
Continental blockade .. 31 

Contract . 115 

Co-operation .87, 88 


Page 

Co-operative institutions 79 


Corporations .77, 118 

Court procedure . 109 

Credit . 86 

Crime . 98 

“ definition of. 122 

“ parties to the.... 124 
“ responsibilities 

of . 123 

“ treatment of ..46, 99 
Criminal law . 122 

Decemvirs . 13 

Declaratory act . 27 

Deed . 119 

Defendant . 109 

Defense, common . 112 

Democracy . 52 


definition of....7, 52 
causes retarding 135 


“ political, social 

and industrial 37 
“ problems of .... 37 

obstacles to 
practice of.... 136 

“ struggle of . 9 

Diplomacy . 49 

Disturbance of the 

peace . 131 

Draft . 119 

Due bill . 119 

Dwellings, improved .... 79 














































148 


DEMOCRACY AND CITIZENSHIP 


INDEX— ( Continued) 


Page 

Economic adjustment 


. 141, 142 

Economy, political. 73 

Education and democ¬ 
racy .102, 107 

Elector . 65 

Electorate . 63 

Embargo act . 32 

Embezzlement . 127 

Embracery . 130 

Emancipation declara¬ 
tion . 34 

Emancipation, catholic 

bill . 27 

Endorsement . 119 

English democracy . 22 

“ orders in coun¬ 
cil . 31 

Enfranchisement o f 

colored race . 35 

Engrossing . 132 

Escape, prison . 130 

Evidence . 110 

Evils of the press . 34 

Exchange, bill of . 86 

Executive power . 67 

“ choice of the .. 69 

“ temptations of 

the . 69 

Extortion . 131 

Felony . 123 

Feudalism .53, 18 

Fifteenth amendment.... 34 


Page 

Financial panic ....32, 33, 36 


Forcible detainer. 131 

“ entry . 131 

Foreign exchange . 86 

Forged instrument . 128 

Forgery . 128 

Forestalling . 132 

Fornification . 129 

Franchise, abuse of .... 132 

Freedmen’s bureau . 34 

Freedom of press. 26 

“ of speech . 105 

“ of search . 105 

“ under democ¬ 
racy . 143 

French democracy . 17 

Fugitive slave laws .... 33 

Functions of state . 54 

Good parliament . 24 

Government ownership.. 47 

Granger movement . 35 

Great remonstrance .... 26 

“ revolt . 36 

“ reform bill . 27 

“ crisis if 1837 .... 32 

Grecian democracy . 10 

Habeas corpus act ....26, 34 
Habitation, crime 

against . 126 

Health, public . 107 

Hired labor . 82 

Homicide . 125 

















































DEMOCRACY AND CITIZENSHIP 


149 


INDEX— ( Continued) 


Page 


Idealism, democracy 

and .135, 140 

Incest . 129 

Inheritance laws .76, 77 

Immigration . 94 

“ Asiatic . 95 

“ manner of .. 94 

“ restriction of 94 

Imprisonment false . 126 

“ for debt.... 106 

Incorporation . 108 

Individualist theory .... 53 

Indorsement . 119 

Inheritance laws . 77 

Initiative and referen¬ 
dum . 62 

Insurance . 49 

Interest . 87 

International relation.. 49 

“ law . 133 

Interstate commerce 

law . 85 

Interstate law . 35 

Judgment . 110 

Judiciary, power . 69 

Jurisdiction of states .... 133 
“ of nations 133 

Jus loci . 57 

Jus sanguinis. 57 

Kidnapping . 126 

Kozsta case . 33 

Laizzez-faire theory. 39 


Page 


Larceny . 127 

Law, business . 116 

“ commercial . 116 

“ civil . 121 

“ criminal . 122 

“ constitutionality 

of . 62 

“ international . 133 

“ interstate . 133 

Legislative power . 60 

Legislation by initiative 62 

Lewdness . 129 

Lex, canuleia . 14 

“ julia . 15 

“ plautia papiria. 16 

Libel. 132 

Lien . 121 

Lord's ordainers . 25 

Mad parliament . 23 

Magna Charta . 22 

Maintenance . 129 

Malfeasance . 130 

Manchester massacre .. 27 

Manslaughter . 125 

Marsic war . 16 

Mayhem . 125 

McCardle case . 34 

Militarism . 136 

Minority representa¬ 
tion . 66 

Misgenation . 129 

Misdeameanor . 123 

Mise of Amiens . 23 

“ of Lewes . 23 






















































150 


DEMOCRACY AND CITIZENSHIP 


INDEX— (Continued) 


Page 

Misprision . 130 

Model parliament . 24 

Modern civilization . 39 

Monarchy . 51 

Money . 85 

Monogamy . 93 

Monroe doctrine . 32 

Mortgage . 120 

Mortgagee . 120 

Mortgagor .. 120 

Nationalization of land 

.42, 47 

Navigation act . 28 

Needs of the hour . 138 

Negro problem. 96 

Nonfeasance . 131 

Non-intercourse act .... 32 

Nuisance, public . 128 


Nullification, doctrine of 32 


Obstruction of justice.. 130 
Offenses against author¬ 
ity, public . 129 

Offenses against habi¬ 
tation . 126 

Offenses against justice, 

public . 129 

Offenses against the 

person . 125 

Offenses against the 

postoffice . 132 

Offenses against govern¬ 
ment . 132 


Page 


Oligarchy . 51 

Oppression . 131 

Partner . 117 

Partnership . 117 

Pauperism .46, 97 

People, rights of the .... 105 
“ duties of the .... 106 
Perpetual allegiance 31, 32 
Personal liberty laws .. 33 

Piracy . 133 

Pleadings .109 

Plutarchy . 51 

Political science . 51 

“ economy .... 73 

Polyandry . 93 

Polygamy . 129 

Poverty .46, 97 

Powers of government 59 

Power, executive . 67 

“ judiciary . 69 

“ legislative . 60 

Pretenses, false . 127 

Prison, breach . 130 

“ rescue . 130 

Problems of democracy 37 

Procedure, court . 109 

Program of citizenship 140 
“ of A. F. of L. 140 

Profits . 83 

Promissory note . 118 

Property, idea of . 73 

“ laws of. 73 

Publication of laws .... 62 















































DEMOCRACY AND CITIZENSHIP 


151 


INDEX— ( Continued ) 


Page 

Public office .48, 106 

Public welfare.100, 107 

Quo warranto proceed¬ 
ings . 24 

Rape . 126 

Reform theory. 46 

Refusal to accept office 131 

Regrating . 132 

Religion and democracy 102 

Religious liberty . 105 

Representation . 63 

“ apportionment of 64 

“ minority. 66 

“ instructed . 63 

“ class . 66 

Republicanism . 52 

Responsibility for nego¬ 
tiable paper . 119 

Riot . 131 

Robbery . 128 

Roman democracy . 12 

Rout . 131 

Secession .13, 33 

Sedition libel. 27 

Seduction . 129 

Serf . 81 

Serfdom . 81 

Settement act. 27 


Slavery.27, 29, 31, 81 

“ abolition of .31, 34 

Social service program 139 


Social welfare . 

Page 

100 

Socialism . 

39 

Socialist theory.39, 53 

Sociology . 

93 

Sodomy . 

129 

Southern secession . 

33 

Specie circular. 

33 

Stamp act . 

29 

State functions . 

54 

Statute of Glouchester 

24 

“ of labourers . 

25 

“ quia-extempore 

24 

“ of Winchester.... 

24 

“ of Westminister 

23 

“ punitive . 

30 

Strikes . 

84 


Stolen goods, receiving 

of . 128 

Suffrage, woman .47, 66 

Suspension of parlia¬ 
ment . 19 

Suspension, etats gener- 

aux . 19 

Tariff, origin of . 32 

Tax, income . 89 

“ commodity . 90 

“ import and export 90 

“ land . 90 

Taxation .48, 89 

“ equality of. 89 

Tenancy . 81 

“ evils of .75, 76 

Ten-hour bill. 27 

Tenure of office act ....34, 35 






















































152 


DEMOCRACY AND CITIZENSHIP 


INDEX— ( Continued ) 


Page 


Theocracy . 52 

Thirteenth amendment 34 

Tithe . 91 

Toleration act . 26 

Tort . 122 

Trade, acts of . 28 

“ unions . 84 

Trent case . 34 

Triumvirate . 16 

Tyranny . 52 


Page 

Virginius affair . 35 

Wages .82, 83 

Warehouse receipt. 118 

Warrant .105, 109 

Warranty deed . 120 

Wealth . 73 

Witness . 110 

Writs of assistance . 29 


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